Reprint
as at 1 July 2003

Coat of Arms of New Zealand

Hutt Road Act 1939

Public Act1939 No 18
Date of assent29 September 1939
Commencement29 September 1939

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 Ministry of Transport.


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

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 3 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 4 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 shall come into force on 1 April 1940.

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 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]

    Section 6: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).

7 Repeal of special legislation
  • (1) The enactments specified in Schedule 2 are hereby repealed.

    (2) No bylaws made by the Council shall apply after the commencement of this Part 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.

Part 2
Transitional provisions

9 Extending powers of Wellington City Council
  • (1) For the purposes of section 6 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 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 (1)) may, with the consent of the Board, be made out of moneys paid to the Council by other local authorities under section 7 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 the moneys paid to the Council by other local authorities under section 6 of the Hutt Road Act 1915 as contributions to the cost of the maintenance of the Hutt Road or under section 7 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 (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 4 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, 1924130,000
Wellington City and Suburban Highways Loan (No 1), 192865,400
Wellington City and Suburban Highways Loan (No 2), 19285,000
Wellington City and Suburban Highways Loan 1930 Conversion Loan (No 4), 193420,520
Wellington City - Hutt Road Construction Renewal Loan, 193434,500
Wellington City and Suburban Highways Loan 1928 Conversion Loan (No 2), 193520,600

Schedule 2
Enactments repealed

Appropriation Act 1916 (1916 No 18)

Amendment(s) incorporated in the Act(s).

Finance Act 1927 (No 2) (1927 No 74)

Amendment(s) incorporated in the Act(s).

Finance Act 1929 (1929 No 29)

Amendment(s) incorporated in the Act(s).

Hutt Railway and Road Improvement Act 1903 (1903 No 85)
Hutt Railway and Road Improvement Act 1905 (1905 No 34)
Hutt Railway and Road Improvement Act 1907 (1907 No 26)
Hutt Railway and Road Improvement Act 1910 (1910 No 10)
Hutt Railway and Road Improvement Amendment Act 1919 (1919 No 25)
Hutt Road Act 1915 (1915 No 30)
Hutt Road Amendment Act 1917 (1917 No 23)
Hutt Road Amendment Act 1922 (1922 No 1 (L))
Local Legislation Act 1931 (1931 No 43)

Amendment(s) incorporated in the Act(s).

Main Highways Amendment Act 1926 (1926 No 43)

Amendment(s) incorporated in the Act(s).

Wellington City and Suburban Highways Construction and Hutt Road Amendment Act 1924 (1924 No 23 (L))
Wellington City and Suburban Highways Construction and Hutt Road Amendment Act 1927 (1927 No 16 (L))
Wellington City and Suburban Highways Construction and Hutt Road Amendment Act 1929 (1929 No 4 (L))
Wellington City and Suburban Highways Construction and Hutt Road Amendment Act 1930 (1930 No 18 (L))
Wellington City Empowering and Amendment Act 1932 (1932 No 4 (L))

Amendment(s) incorporated in the Act(s).


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 Hutt Road Act 1939. 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)