Local Legislation Act 1939

Local Legislation Act 1939

Public Act1939 No 25
Date of assent6 October 1939

Note

This Act is administered in the Department of Internal Affairs.


Contents

Title


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

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

1 Short Title
  • This Act may be cited as the Local Legislation Act 1939.

County councils.

2 Validating expenditure by Coromandel County Council in connection with jubilee celebrations
  • The expenditure by the Coromandel County Council out of its County Fund Account of the sum of thirty-three dollars and ninety-seven and a sixth cents, being part of the costs incurred in celebrating the diamond jubilee of the Coromandel County, is hereby validated and declared to have been lawfully made.

    The reference to thirty-three dollars and ninety-seven and a sixth cents was substituted, as from 10 July 1967, for a reference to sixteen pounds nineteen shillings and elevenpence pursuant to section 7(1) Decimal Currency Act 1964 (1964 No 27).

3 Provision respecting overdraft of Matakaoa County Council
  • The Matakaoa County Commissioner may, in the name and on behalf of the Matakaoa County Council, in manner prescribed by the Local Bodies Loans Act 1926, by special order and without taking the steps prescribed by sections nine to thirteen of that Act, raise a special loan for any amount not exceeding in the aggregate five thousand four hundred dollars, and may apply the proceeds of such loan for the repayment of moneys owing by the said Council to its bankers by way of overdraft.

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

4 Westland County Council authorized to grant a lease of certain land
  • Whereas certain lands, including the land described in subsection four of this section, are vested in the Corporation of the County of Westland (hereinafter called the Corporation) for a Road Reserve: And whereas the Westland County Council (hereinafter called the Council) is desirous of leasing the said land, but finds that it has no power to do so: And whereas the leasing of the said land will not in any manner interrupt the traffic on the road adjoining the said land: And whereas it is expedient to give the Council power to lease the said land: Be it therefore enacted as follows:—

    • (1) It shall be lawful for the Council to lease the land described in subsection four of this section for such term or terms not exceeding twenty-one years, with or without a right of renewal for such further term or terms as the Council may think fit.

    • (2) The rents received under any lease granted under this section shall be paid into and form part of the County Fund.

    • (3) No riparian rights shall be deemed to vest in any lessee or his executors, administrators, successors, or assigns by virtue of any such lease.

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

      All that parcel of land situate in Block XI, Kanieri Survey District, Land District of Westland, containing three roods and thirteen perches, be the same a little more or less, bounded by a line commencing at a point bearing 69° 21', a distance of 102.2 links, from the south-eastern corner of Lot 2 of Section 1699, Block XI, Kanieri Survey District, and proceeding generally in a northerly direction by lines bearing 345° 40' for 192.5 links, 352° 44' for 478 links, 341° 10' for 572.1 links to the southernmost corner of part Reserve 913; thence in a north-easterly direction by the south-eastern boundary of the said part Reserve 913 for 70 links to the left bank of the Kanieri River; thence generally in a southerly direction by the said left bank of the Kanieri River for approximately 1200 links; thence by a line bearing 270° for 40 links, to the commencing-point aforesaid.

5 Abolishing Buller County Superannuation Fund
  • Whereas the Buller County Council (hereinafter in this section called the Council) has established a superannuation fund under the provisions of the Local Authorities Superannuation Act 1908: And whereas the Council and the contributors to the fund and the persons who are receiving retiring-allowances out of the fund desire that the fund be abolished and the moneys belonging thereto disposed of in the manner hereinafter appearing: Be it therefore enacted as follows:—

    • (1) The Public Trustee shall disburse all moneys belonging to the fund and for the time being held by him in the manner following,—

      • (a) In paying to the Government Insurance Commissioner such sum as the Minister of Finance (hereinafter in this section called the Minister) directs:

      • (b) In refunding to such of the contributors of the fund as the Minister directs the respective amounts contributed by them to the fund, but without interest:

      • (c) In paying the balance of the moneys to the Council,—

      and when the moneys have been disbursed as aforesaid the said fund shall be deemed to be abolished.

    • (2) The sum paid to the Government Insurance Commissioner shall be such sum as shall be necessary to purchase from the Commissioner the annuities hereinafter referred to. The Commissioner shall on receiving the sum hereinbefore referred to grant annuities to such of the contributors to the fund and persons receiving retiring-allowances from the fund as the Minister determines. The annuities shall be of such amounts as the Minister determines, and shall be granted upon or subject to such terms and conditions as the Minister approves.

    • (3) Any person who is granted an annuity under the last preceding subsection or who has his contributions refunded to him shall accept the annuity or those contributions, as the case may be, in full satisfaction of his claims against the fund.

    • (4) No person other than the person to whom an annuity is granted under this section may acquire any interest in the annuity, and the annuity shall not be surrendered, assigned, or charged or pass to any other person by operation of law or otherwise.

    • (5) The moneys paid to the Council under this section shall be applied by the Council as follows:—

      • (a) Such amount as may be necessary shall be applied in reducing the balance of the amount owing by the Council under section four of the Local Legislation Act 1938, to the sum of nineteen thousand seven hundred and seventy-four dollars and sixty-two and a half cents, but if at the time the moneys are paid to the Council the amount owing under the said section four has been reduced by nineteen thousand seven hundred and seventy-four dollars and sixty-two and a half cents, such amount as may be necessary shall be applied in repaying the whole of the amount owing under that section; and

      • (b) The balance of the moneys paid to the Council under this section shall be applied by the Council in reduction of any moneys owing by it by way of overdraft under the authority of section three of the Local Bodies Finance Act 1921-22.

    The reference to nineteen thousand seven hundred and seventy-four dollars and sixty-two and a half cents was substituted, as from 10 July 1967, for a reference to nine thousand eight hundred and eighty-seven pounds six shillings and threepence pursuant to section 7(1) Decimal Currency Act 1964 (1964 No 27).

6 Authorizing Ashburton County Council to raise a special loan for river-protection works
  • Whereas the Ashburton County Council (hereinafter called the Council), acting in pursuance of the Ashburton Rivers Act 1936 [Repealed], is executing and has executed certain works for the purposes of the improvement and control of the Ashburton River and for the protection of certain lands contiguous thereto: And whereas prior to authority being obtained to raise a special loan for the purpose of meeting the cost of the aforesaid works the Council, on the twenty-eighth day of April, nineteen hundred and thirty-nine, expended out of its General Account a sum of five thousand dollars in payment of a sum which became due on the first day of April, nineteen hundred and thirty-nine, in respect of works so executed: And whereas the Council desires authority to raise a loan of eleven thousand dollars for the purpose of meeting the cost of the said work and to reimburse the said General Account out of the proceeds of such special loan: Be it therefore enacted as follows:—

    • (1) Notwithstanding the payment by the Council of the sum of five thousand dollars out of its general account for works executed in pursuance of the Ashburton Rivers Act 1936 [Repealed], for the improvement and control of the Ashburton River and for the protection of certain lands contiguous thereto the Council is hereby authorized to borrow the aforesaid sum of eleven thousand dollars in all respects as though the said works had not been commenced.

    • (2) The Council may out of the proceeds of the said loan refund to its General Account the said sum of five thousand dollars so paid.

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

7 Authorizing Great Barrier Island County Council to expend certain moneys for wharf-construction
  • Whereas the Great Barrier Island County Council (hereinafter called the Council) has in its Wharf Account accumulated revenues received on account of the various wharves in the county owned and controlled by the Council, and such revenues are set aside to defray the costs of maintenance of the said wharves and of their renewal when found necessary: And whereas the Council finds it necessary to construct a new wharf at Okupu, Blind Bay, in the said county and desires authority to use an amount of four hundred dollars of the funds in the Wharf Account to assist in defraying the cost of construction of such wharf: And whereas it is expedient that such authority be granted: Be it therefore enacted as follows:—

    The Council is hereby authorized and empowered to expend a sum not exceeding four hundred dollars from the said Wharf Account towards the cost of construction of the wharf at Okupu, Blind Bay, in the Great Barrier Island County.

    The reference to four hundred dollars was substituted, as from 10 July 1967, for a reference to two hundred pounds pursuant to section 7(1) Decimal Currency Act 1964 (1964 No 27).

8 Providing for the acquisition of certain land by the Hutt County Council and the Crown
  • Whereas the Hutt County Council (hereinafter called the Council) has agreed to join with the Crown in the acquisition of the land hereinafter described, portion of which is to be set aside under the provisions of the Scenery Preservation Act 1908, and the remainder vested in the Council: And whereas out of the total purchase-price of four thousand dollars the Council has agreed to contribute the sum of two thousand five hundred dollars provided payment of that amount may be made by annual instalments: And whereas the vendors of the said land have agreed that the Council's share of the purchase-price may be paid by equal annual instalments without interest over a period of twelve years: And whereas it is desirable that the Council should be authorized to pay the said sum of two thousand five hundred dollars by annual instalments as aforesaid: And whereas it is also desirable that provision should be made as hereinafter appearing for the vesting of portion of the said land in the Council: Be it therefore enacted as follows:—

    • (1) Notwithstanding anything to the contrary in any Act or rule of law, the Council is hereby authorized to pay out of the funds of the Wainuiomata Riding the sum of two thousand five hundred dollars as a contribution towards the acquisition by the Crown of the land hereinafter described, and to make such payment by equal annual instalments without interest over a period not exceeding twelve years.

    • (2) On the transfer of the said land to His Majesty the King the Governor-General may, if he is satisfied that suitable arrangements have been made between the Council and the vendors with respect to the payment by annual instalments of its contribution as aforesaid, by Order in Council vest such portion or portions of the said land as he may think fit in the Council, and all land so vested may be administered and dealt with by the Council in all respects as if it had been acquired by the Council under the provisions of the Counties Act 1920.

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

      All those parcels of land in the Wellington Land District containing an area of approximately two hundred and sixty-five acres, being parts of Sections 20, 21, 22, and 23, Harbour District, and being part of the land comprised in certificates of title, Volume 435, folio 232, and Volume 439, folio 129, Wellington Registry.

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

City and borough councils.

9 Authorizing Huntly Borough Council to acquire certain land for cemetery purposes
  • Whereas the Huntly Borough Council has the control and management of the Huntly Cemetery, containing five acres three roods and one perch, more or less, situated within the Borough of Huntly (hereinafter referred to as the borough), and being Allotment 14A and part of Allotment 14B of the Parish of Taupiri: And whereas the Council is desirous of extending the said cemetery by the acquisition of a certain piece of land in the borough, containing five acres, more or less, being part of the said Allotment 14B of the said parish adjoining the northern boundary of the cemetery: And whereas it is expedient to authorize the Council to make the aforesaid extension to the said cemetery: Be it therefore enacted as follows:—

    The said Council may for the purpose of extending the existing Huntly Cemetery acquire the said piece of land and use it for cemetery purposes.

10 Authorizing Otahuhu Borough Council to raise a special loan for payment of compensation
  • Whereas pursuant to the provisions of section one hundred and twenty-eight of the Public Works Act 1928, Mary Ann Trenwith, wife of Alfred Trenwith, of Auckland, boot-manufacturer, dedicated as a public road and vested in the Mayor, Councillors, and Burgesses of the Borough of Otahuhu (hereinafter called the Corporation) certain lands for the purpose of widening Mason Avenue in the said borough, the said lands being all the land comprised in memorandum of transfer registered in the Land Registry Office at Auckland under Number 296419: And whereas the said Mary Ann Trenwith claimed compensation from the Corporation in respect of the lands so dedicated: And whereas on behalf of the Corporation the Otahuhu Borough Council (hereinafter called the Council) agreed with the said Mary Ann Trenwith to settle her claim for compensation by a cash payment of one thousand nine hundred and twenty dollars: And whereas the Council, being unable to provide for the payment of the said compensation out of its ordinary revenue, proposed to raise a special loan for the purpose in pursuance of the powers conferred on it by section one hundred and thirty-three of the Public Works Act 1928: And whereas application was duly made to the Local Government Loans Board for its sanction to the raising of the said loan, but before such application could be considered by that Board the Council was compelled to pay the amount of the said compensation out of its District Fund Account: And whereas doubts have arisen as to whether the Council can now lawfully borrow the said moneys by way of special loan pursuant to the provisions of the said section one hundred and thirty-three: Be it therefore enacted as follows:—

    The Council may by special order, and without taking the steps prescribed by sections nine to thirteen of the Local Bodies Loans Act 1926, raise a special loan not exceeding a sum of one thousand nine hundred and twenty dollars for the purpose of repaying to its District Fund Account the amount paid thereout to the said Mary Ann Trenwith as aforesaid.

    The reference to one thousand nine hundred and twenty dollars was substituted, as from 10 July 1967, for a reference to nine hundred and sixty pounds pursuant to section 7(1) Decimal Currency Act 1964 (1964 No 27).

11 Authorizing Petone Borough Council to declare portions of Lochy and Nevis Streets to be public street
  • Notwithstanding anything contained in the Petone Borough Council Empowering Act 1926, or in any other Act, the Petone Borough Council may, by special order, declare to be a public street any portion of the public highways within the Borough of Petone, known respectively as Nevis and Lochy Streets, that has been increased in width to fifty feet; and on confirmation of the special order the said portion shall be deemed to be a street within the meaning of the Municipal Corporations Act 1933.

12 Validating expenditure by Kaitangata Borough Council on jubilee celebrations
  • The expenditure by the Kaitangata Borough Council out of its District Fund Account of the sum of twenty-six dollars and forty-one and two third cents in connection with the expenses of the celebrations commemorating the fiftieth anniversary of the constitution of the Borough of Kaitangata is hereby validated and declared to have been lawfully made.

    The reference to twenty-six dollars and forty-one and two third cents was substituted, as from 10 July 1967, for a reference to thirteen pounds four shillings and twopence pursuant to section 7(1) Decimal Currency Act 1964 (1964 No 27).

13 Authorizing the Oamaru Borough Council to correct errors in valuation roll and rate-book
  • Whereas in the compilation of the valuation roll for the Borough of Oamaru for the year ended on the thirty-first day of March, nineteen hundred and thirty-nine, certain clerical errors were made, and as a result of the errors the annual values of certain lands are wrongly stated in such roll: And whereas it is desired to rectify such errors: Be it therefore enacted as follows:—

    • (1) The Oamaru Borough Council is hereby authorized to correct its valuation roll by altering the entries in respect of the lands hereinafter mentioned so that the annual value of those lands shall in each case appear in the roll as follows:—

      • (a) Lots 1 and 2, Deposited Plan Number 63; annual value, sixteen dollars.

      • (b) Lots 3 and 4, Deposited Plan Number 63; annual value, twenty dollars.

      • (c) Lot 5, Deposited Plan Number 63; annual value, fourteen dollars.

    • (2) The said Council is hereby authorized to alter its rate-book so that the rates on the said pieces of land shall be assessed in accordance with the valuations set out in the last preceding subsection.

    • (3) The said Council is authorized to make such remission or refund of rates as may be necessary to give effect to this section.

    The references to sixteen dollars, twenty dollars, and fourteen dollars were substituted, as from 10 July 1967, for references to eight pounds, ten pounds, and seven pounds pursuant to section 7(1) Decimal Currency Act 1964 (1964 No 27).

14 Validating remission of rates by Palmerston North City Council
  • The remission of the sum of ninety dollars and ninety-five cents, being rates payable to the Palmerston North City Council by the Palmerston North Young Men's Christian Association in respect of the year ended on the thirty-first day of March, nineteen hundred and thirty-eight, is hereby validated.

    The reference to ninety dollars and ninety-five cents was substituted, as from 10 July 1967, for a reference to forty-five pounds nine shillings and sixpence pursuant to section 7(1) Decimal Currency Act 1964 (1964 No 27).

15 Making provision with respect to overdraft incurred by Eastbourne Borough Council
  • Whereas the Eastbourne Borough Council (hereinafter called the Council) has, under the powers conferred upon it under sections two hundred and seventeen and two hundred and eighteen of the Municipal Corporations Act 1933, established a steamer ferry service and a motor-omnibus passenger-service: And whereas in order to carry on the steamer ferry service the Council has borrowed from time to time by way of overdraft from the Union Bank of Australia, Limited (hereinafter called the bank), certain sums of money, and by reason of losses in connection with the said steamer ferry service there was on the thirty-first day of March, nineteen hundred and thirty-nine, owing to the bank the sum of eleven thousand seven hundred and fifty-eight dollars and fifty-four and a sixth cents: And whereas the said sum of eleven thousand seven hundred and fifty-eight dollars and fifty-four and a sixth cents exceeds the amount which under section three of the Local Bodies Finance Act 1921-22, the Council could lawfully have owed on overdraft on the thirty-first day of March, nineteen hundred and thirty-nine: And whereas it is expedient to validate the action of the Council in incurring the said overdraft and to make provision for the repayment thereof in the manner hereinafter appearing: Be it therefore enacted as follows:—

    • (1) Notwithstanding anything contained in the Local Bodies Finance Act 1921-22, or in any other Act, the overdraft which was incurred as aforesaid by the Council at the bank in connection with its steamer ferry service and under which there was owing by the Council to the bank on the thirty-first day of March, nineteen hundred and thirty-nine, the total sum of eleven thousand seven hundred and fifty-eight dollars and fifty-four and a sixth cents shall be deemed to have been lawfully incurred, and the action of the Council in incurring the said overdraft is hereby validated.

    • (2) The Council shall cause to be kept a separate account at the bank in which the said overdraft, and all interest and other charges payable in respect thereof, and all payments made in reduction of the said overdraft, shall be recorded.

    • (3) The Council shall repay the said overdraft of eleven thousand seven hundred and fifty-eight dollars and fifty-four and a sixth cents by seven equal payments out of its revenue received from any one or more of the following sources of revenue, namely:—

      • (a) The steamer ferry service:

      • (b) The motor-omnibus passenger-service:

      • (c) The levying of rates as hereinafter provided.

    • (4) The first of such payments shall be made on the first day of September, nineteen hundred and forty, and subsequent payments shall be made on or before the first day of September in each year thereafter until the overdraft is completely repaid:

      Provided that the Council may in any year out of its said revenues pay in reduction or extinction of the said overdraft a sum greater than such one-seventh part.

    • (5) The said overdraft, until completely repaid or as reduced in accordance with the provisions of this section, shall be in addition to the amount which the Council is authorized by section three of the Local Bodies' Finance Act 1921-22, to borrow and to owe at any time during any year and at the end of the year.

    • (6) The Council shall out of its said revenues in each year pay all interest and charges in respect of the said overdraft of eleven thousand seven hundred and fifty-eight dollars and fifty-four and a sixth cents or of the reduced amount thereof.

    • (7) The Council may by resolution make and levy in any year a separate rate or separate rates for the purpose of providing the whole or any part of any annual instalment or instalments payable under this section in reduction or extinction of the said overdraft. Each such separate rate shall be a uniform rate over all rateable property in the Borough of Eastbourne.

    • (8) In the event of the realization by the Council of any of its steamers or any of its other permanent ferry assets before the said overdraft of eleven thousand seven hundred and fifty-eight dollars and fifty-four and a sixth cents shall have been completely repaid, the net proceeds of every such realization shall be applied by the Council in reduction or extinction of the said overdraft, as the case may be.

    • (9) Nothing in this section shall be construed prejudicially to affect the right of the bank to be repaid out of the funds of the Corporation of the Borough of Eastbourne the said sum of eleven thousand seven hundred and fifty-eight dollars and fifty-four and a sixth cents.

    The reference to eleven thousand seven hundred and fifty-eight dollars and fifty-four and a sixth cent was substituted, as from 10 July 1967, for a reference to five thousand eight hundred and seventy-nine pounds five shillings and fivepence pursuant to section 7(1) Decimal Currency Act 1964 (1964 No 27).

16 Validating certain payments by the Palmerston North City Council by way of sick-pay to employees
  • The expenditure by the Palmerston North City Council out of its General Account of the sum of one thousand five hundred and fifty-eight dollars and fifty and five-sixth cents, between the first day of April, nineteen hundred and thirty-eight, and the thirty-first day of March, nineteen hundred and thirty-nine, and of the sum of three hundred and eighty-one dollars and ninety-five and five-sixths cents between the first day of April, nineteen hundred and thirty-nine, and the fifteenth day of June, nineteen hundred and thirty-nine, by way of sick-pay to employees of the said Council incapacitated through illness or accident during such periods is hereby validated and declared to have been lawfully made.

    The references to one thousand five hundred and fifty-eight dollars and fifty and five-sixth cents, and three hundred and eighty-one dollars and ninety-five and five-sixths cents were substituted, as from 10 July 1967, for references to seven hundred and seventy-nine pounds five shillings and one penny, and one hundred and ninety pounds nineteen shillings and sevenpence pursuant to section 7(1) Decimal Currency Act 1964 (1964 No 27).

17 Authorizing the Sumner Borough Council to raise a special loan for the completion of drainage-works in the Sumner Special Drainage Area
  • Whereas the Sumner Borough Council (hereinafter called the Council) was authorized by Order in Council dated the twenty-ninth day of September, nineteen hundred and thirty-seven, to borrow the sum of four thousand two hundred dollars for the purpose of carrying out certain drainage-works in the Sumner Special Drainage Area: And whereas that sum was not sufficient for the purpose for which the loan was raised and a further sum of two thousand dollars is required by the Council for the purpose of completing the said drainage-works: Be it therefore enacted as follows:—

    • (1) The Council may for the purpose of meeting the cost of completing the said drainage-works borrow an amount not exceeding in the aggregate a sum of two thousand dollars by way of special loan under the Local Bodies Loans Act 1926, by special order and without taking the steps prescribed by sections nine to thirteen of that Act.

    • (2) The Council may out of the proceeds of such loan refund to its General Account all moneys advanced thereout, whether before or after the passing of this Act, on account of the cost of the said drainage-works.

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

18 Extending period during which interest and sinking fund on Thames Borough loans reduced by one-third
  • [Repealed]

    Section 18 was repealed, as from 30 August 1940, by section 16(2) Thames Borough Commissioner Amendment Act 1940 (1940 No 12).

19 Validating a special rate made and levied by Arrowtown Borough Council
  • Whereas the Arrowtown Borough Council (hereinafter called the Council) was duly authorized to raise a special loan of three thousand dollars for the purpose of improving the borough water-supply: And whereas the special rate made and levied by the Council as security for the said loan was made and levied subject to a condition that a maximum annual amount of two dollars and fifty cents would be payable in any case where the sum which would be produced by means of the said special rate exceeded that sum, and a minimum annual amount of one dollar would be payable in any case where the sum which would be produced by means of the said special rate would be less than that sum: And whereas the said loan-moneys have been raised and expended by the Council, and the said rates have been paid on the basis aforesaid by the ratepayers of the borough: And whereas it is desirable to validate the said rate and to authorize the Council to levy and collect the said rate in terms of a resolution passed by the Council: Be it therefore enacted as follows:—

    The said special rate shall for all purposes be deemed to have been lawfully made and levied by the Council.

    The references to three thousand dollars, two dollars fifty cents, and one dollar were substituted, as from 10 July 1967, for references to one thousand five hundred pounds, twenty-five shillings, and ten shillings pursuant to section 7(1) Decimal Currency Act 1964 (1964 No 27).

20 Validating proceedings in connection with portion of loan of 754,000 raised by Auckland City Council
  • Whereas the Auckland City Council (hereinafter called the Council) was authorized by Order in Council dated the fourteenth day of July, nineteen hundred and thirty-six, made pursuant to section eleven of the Local Government Loans Board Act 1926, as set out in section twenty-nine of the Finance Act 1932 (No 2), to raise a Works Loan of seven hundred and fifty-four thousand dollars for a term of twenty-four years and upon certain terms and conditions, one of such conditions being that no moneys should be borrowed under such authority after the expiration of two years from the date thereof: And whereas the Council duly raised a sum of four hundred thousand dollars of the said loan in the year nineteen hundred and thirty-six, but no steps to raise the balance of three hundred and fifty-four thousand dollars of such loan were taken until the year nineteen hundred and thirty-eight: And whereas by Order in Council dated the eleventh day of January, nineteen hundred and thirty-eight, authority was given to the Council to raise the said balance for a term of ten years in lieu of the term of twenty-four years aforesaid, but such Order in Council did not contain any provision extending the period during which such balance might be raised as specified in the Order in Council first above mentioned: And whereas a sum of two hundred and thirty-three thousand dollars of the said balance was raised by the Council, of which the sum of seventy-four thousand dollars was raised after the expiry of the period of two years specified in the said Order in Council first above mentioned, and it is desirable that the raising of such amount of seventy-four thousand dollars by the Council as aforesaid should be validated: Be it therefore enacted as follows:—

    The action of the Council in raising a sum of seventy-four thousand dollars of the said Works Loan after the expiry of the period prescribed in the said Order in Council dated the fourteenth day of July, nineteen hundred and thirty-six, is hereby validated, and the said moneys shall be deemed to have been lawfully borrowed and the securities given in respect thereof to have been lawfully issued.

    The references to seven hundred and fifty-four thousand dollars, four hundred thousand dollars, three hundred and fifty-four thousand dollars, two hundred and thirty-three thousand dollars, and seventy-four thousand dollars were substituted, as from 10 July 1967, for references to three hundred and seventy-seven thousand pounds, two hundred thousand pounds, one hundred and seventy-seven thousand pounds, one hundred and sixteen thousand five hundred pounds, and thirty-seven thousand pounds pursuant to section 7(1) Decimal Currency Act 1964 (1964 No 27).

21 Provision with respect to agreements made by Hastings Borough Council as to sewerage
  • Whereas the Corporation of the Borough of Hastings has, with the consent of the Hawke's Bay County Council, under the authority of section two hundred and twenty-eight of the Municipal Corporations Act 1933, extended its drainage system into an area within the Hawke's Bay County by laying a sewer extending from the Borough of Hastings to the sea and has entered into agreements with the Hawke's Bay Farmers' Meat Company, Limited, and with Nelsons (NZ), Limited, respectively, two companies each carrying on the business of slaughterers and meat-freezers upon premises in the said area, to connect such respective premises (hereinafter referred to as the said works) with such drainage system as so extended, and to continue such connection for the term of forty years (hereinafter referred to as the said term) upon the terms and conditions contained in such agreements: And whereas it is expedient that the Hastings Borough Council should not be at liberty to disconnect either of the said works during the said term except in accordance with the express provisions of the said respective agreements: Be it therefore enacted as follows:—

    Notwithstanding the provisions of subsection two of section two hundred and twenty-eight of the Municipal Corporations Act 1933, the Hastings Borough Council shall have no power to disconnect either of the said works from the drainage system as so extended except in accordance with the terms and conditions set out in the agreements hereinbefore referred to relating to those works.

22 Wellington City Housing Act 1938, amended
  • [Repealed]

    The references to three thousand and thirty dollars, and five hundred thousand dollars were substituted, as from 10 July 1967, for references to one thousand five hundred and fifteen pounds, and two hundred and fifty thousand pounds pursuant to section 7(1) Decimal Currency Act 1964 (1964 No 27)

    The reference to the High Court was substituted, as from 1 April 1980, for a reference to the Supreme Court pursuant to section 12 Judicature Amendment Act 1979 (1979 No 124)

    Subsections (11) and (13) were amended, as from 7 December 1945, by section 7 Local Legislation Act 1945 (1945 No 29), by substituting the words two hundred and fifty thousand pounds, for the words fifty thousand pounds.

    Section 22 was repealed, as from 26 November 1948, by section 22(1) Municipal Corporations Amendment Act 1948 (1948 No 60).

23 Eastbourne Borough Council authorized to carry on motor and ferry transport services for purposes of New Zealand Centennial Exhibition
  • (1) Subject to the provisions of sections two hundred and seventeen and two hundred and eighteen of the Municipal Corporations Act 1933, and the Transport Licensing Act 1931 [Repealed], the Eastbourne Borough Council is hereby authorized to extend its existing ferry service to provide a ferry service between any of the wharves under the jurisdiction of the Wellington Harbour Board and to extend its existing omnibus service to ply between the Borough of Eastbourne and the site of the New Zealand Centennial Exhibition at Miramar in the City of Wellington, or between any intermediate points and the said Exhibition site, and between the wharves at Miramar and the said Exhibition site, and the wharf at Seatoun and the said Exhibition site during such time as the New Zealand Centennial Exhibition may be open for public exhibition or the transaction of exhibition business.

    (2) All the provisions of the said sections two hundred and seventeen and two hundred and eighteen of the Municipal Corporations Act 1933, shall extend and apply to such extended transport services as if such extended services were established under the said sections and as if any and every local authority within or through whose district such omnibus service shall be maintained were a neighbouring local authority within the meaning of section two hundred and seventeen of that Act.

    (3) Nothing in this section shall be deemed to authorize the Council to permit any motor-omnibus owned by it to travel over any wharf under the jurisdiction of the Wellington Harbour Board without the consent in writing of that Board.

24 Authorizing Motueka Borough Council to raise additional loan to complete residence
  • Whereas in the year nineteen hundred and thirty-eight the Motueka Borough Council (hereinafter in this section called the Council) raised by way of special loan the sum of two thousand five hundred dollars for the purpose of erecting a residence for the Town Clerk in the Borough of Motueka: And whereas such money was insufficient to pay for the cost of the erection of the said residence: And whereas the Council has partly paid for the completion of the erection of the said residence out of moneys belonging to its District Fund Account: And whereas in order to reimburse to the Council's District Fund Account the amount expended on the erection of the said residence and to pay for the cost of the completion of the said residence it is expedient that the Council be empowered to raise by way of loan a sum equivalent to ten per centum of the said loan: Be it therefore enacted as follows:—

    • (1) The Council may for the purpose of meeting the cost of completing the said residence borrow an amount not exceeding in the aggregate one-tenth of the amount of the loan raised as aforesaid, by way of special loan under the Local Bodies Loans Act 1926, by special order, and without taking the steps prescribed by sections nine to thirteen of that Act.

    • (2) The Council may out of the proceeds of such loan refund to its District Fund Account all moneys advanced thereout, whether before or after the passing of this Act, on account of the cost of the said residence.

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

25 Authorizing the variation by the Takapuna Borough Council of the application of the unexpended balance of certain loan-moneys
  • Whereas the Takapuna Borough Council (hereinafter called the Council) was, by a poll of ratepayers taken on the twenty-ninth day of April, nineteen hundred and twenty-five, duly authorized to raise a loan of two hundred and thirty-eight thousand dollars for the purposes of—firstly, as to the sum of two hundred and twenty-six thousand dollars, the provision, construction, and laying of sewers, storage culverts, outfalls, and drainage works constituting sewage systems within the Borough of Takapuna, including the acquisition of land necessary for the purposes of the said works, the payment of compensation for land purchased or taken, and for land injuriously affected, and the purchase of plant, and, secondly, as to the sum of twelve thousand dollars, the provision of funds for advances to ratepayers for connections to the said system: And whereas since the raising of the said loan the Council has abandoned its intention of expending the said sum of twelve thousand dollars or any part thereof on the purposes secondly above described and is now desirous of applying the whole of the said sum towards one or more of the other purposes of the said loan: And whereas it is desired to authorize the Council so to apply the said sum: Be it therefore enacted as follows:—

    Notwithstanding anything to the contrary contained in any Act, or in any Order in Council relating to the said loan, or in the voting-paper used at the said poll the Council is hereby authorized, subject to the prior approval of the Local Government Loans Board, to apply the whole of the said sum of twelve thousand dollars, being that part of the said loan raised for the purposes secondly above described, towards one or more of the purposes firstly above described for which the said loan was raised.

    The references to two hundred and thirty-eight thousand dollars, two hundred and twenty-six thousand dollars, and twelve thousand dollars were substituted, as from 10 July 1967, for references to one hundred and nineteen thousand pounds, one hundred and thirteen thousand pounds, and six thousand pounds pursuant to section 7(1) Decimal Currency Act 1964 (1964 No 27).

26 Authorizing diversion of certain loan-moneys by Taumarunui Borough Council
  • Whereas the Taumarunui Borough Council (hereinafter called the Council), pursuant to a poll of the ratepayers of the Borough of Taumarunui taken on the seventeenth day of November, nineteen hundred and thirty-seven, was duly authorized to raise a loan of twenty-eight thousand dollars for the purposes—firstly, as to the sum of ten thousand dollars, of meeting the cost of internal reorganization consequent on the linking-up of the Council's electrical system with the Government's electricity supply, and, secondly, as to the sum of eighteen thousand dollars, of meeting the cost of extending the Council's electricity supply to areas outside the limits of the Borough of Taumarunui: And whereas the said sum of eighteen thousand dollars may not now be required to be expended by the Council for the purpose of the extension of its electricity supply as aforesaid: And whereas it has been found that the said sum of ten thousand dollars is insufficient to cover the cost of such internal reorganization, and a further sum of four thousand dollars is required for that purpose: And whereas the Council is desirous of diverting and applying part, amounting to four thousand dollars, of the said sum of eighteen thousand dollars so authorized to be borrowed in and towards the additional cost of such internal reorganization: And whereas it is desired to authorize the Council so to divert and apply the said sum of four thousand dollars: Be it therefore enacted as follows:—

    Notwithstanding anything to the contrary contained in the Local Bodies Loans Act 1926, or in any other Act, or in the voting-paper used at the said poll, the Council is hereby authorized, subject to the prior approval of the Local Government Loans Board, to divert and apply the sum of four thousand dollars of the said loan-money authorized to be raised for the purpose of extending the Council's electricity supply to areas outside the borough, in and towards the cost of the internal reorganization consequent on the linking-up of the Council's electrical system with the Government's electricity supply.

    The references to twenty-eight thousand dollars, ten thousand dollars, and eighteen thousand dollars, and four thousand dollars were substituted, as from 10 July 1967, for references to fourteen thousand pounds, five thousand pounds, nine thousand pounds, and two thousand pounds pursuant to section 7(1) Decimal Currency Act 1964 (1964 No 27).

27 Altering reservation of certain land vested in Corporation of City of Palmerston North
  • [Repealed]

    Section 27 was repealed, as from 30 June 1995, by section 5(1)(c) Palmerston North City Council Empowering Act 1995 (1995 No 3(L)).

Road boards.

28 Extending section 35, Local Legislation Act 1929 (as to constitution of road districts in Sounds County)
  • [Repealed]

    Section 28 was repealed, as from 1 April 1957, by section 453(1) Counties Act 1956 (1956 No 64).

29 Validating certain expenditure incurred by Mount Roskill Road Board
  • The expenditure by the Mount Roskill Road Board of, firstly, the sum of twenty dollars, being membership subscription to the Municipal Association of New Zealand, Incorporated, in respect of the financial year ended on the thirty-first day of March, nineteen hundred and thirty-eight; secondly, the sum of thirty-four dollars and five cents on account of the expenses of the representatives of the Board in attending the annual conference of such Association in the month of March, nineteen hundred and thirty-eight; thirdly, the sum of forty dollars as a compassionate allowance to an ex-employee of the Board; and, fourthly, the sum of eight dollars and twenty-five and five-sixths cents to an employee of the Board in recognition of services rendered to the Board is hereby validated and declared to have been lawfully made.

    The references to twenty dollars, thirty-four dollars and five cents, forty dollars, and eight dollars and twenty-five and five-sixths cents were substituted, as from 10 July 1967, for references to ten pounds, seventeen pounds and sixpence, twenty pounds, and four pounds two shillings and sevenpence pursuant to section 7(1) Decimal Currency Act 1964 (1964 No 27).

Harbour boards.

30 Authorizing [Taranaki Harbours Board] to grant a lease to the West Coast Refrigerating Company, Limited
  • (1) Notwithstanding anything in the Taranaki Harbours Board Foreshore Act 1903, or in the Harbours Amendment Act 1925, the Taranaki Harbours Board is hereby authorized and empowered to grant to the West Coast Refrigerating Company, Limited, a duly incorporated company having its registered office at Patea, a lease of the lands described in subsection two hereof for a term of twenty-one years from the first day of October, nineteen hundred and thirty-eight, at the annual rental of twenty-four dollars and forty cents per annum, and upon such terms and conditions as the Taranaki Harbours Board may elect, including a provision giving the lessee a perpetual right of renewal in accordance with paragraph (e) of section five of the Public Bodies Lease Act 1908.

    (2) The lands to which this section relates are particularly described as follows:—

    • (a) All that parcel of land containing sixteen perches, more or less, being part Subdivision G, part Taranaki Harbours Board Endowment Block VII, Carlyle Survey District, and being delineated and described on a plan deposited in the Land Registry Office at New Plymouth as Number 2739 and upon a plan attached to memorandum of lease Registered Number 11372 in the Land Registry Office at New Plymouth:

    • (b) All that parcel of land containing thirteen and one-fourth perches, more or less, being Lot 1, part Taranaki Harbours Board Endowment Block VII, Carlyle Survey District, as delineated on a plan deposited in the said Land Registry Office as Number 5774,—

    the said parcels of land being parts of the land comprised in certificate of title, Volume 67, folio 26, in the said Land Registry Office.

    The reference to the Taranaki Harbours Board Foreshore Act 1903 was substituted for a reference to the Patea Harbour Board Foreshore Act 1903, as from 1 September 1965, pursuant to section 15(2) Taranaki Harbours Act 1965 (1965 No 4).

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

    The reference to twenty-four dollars and forty cents was substituted, as from 10 July 1967, for a reference to twelve pounds four shillings pursuant to section 7(1) Decimal Currency Act 1964 (1964 No 27).

31 Validating payment of compassionate allowance by Whakatane Harbour Board
  • The payment made by the Whakatane Harbour Board of the sum of two hundred dollars to the widow of the late Albert Edward Parkinson, formerly wharfinger to the Board, as a compassionate allowance is hereby validated and declared to have been lawfully made.

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

32 Validating expenditure incurred by Auckland Harbour Board
  • The expenditure incurred by the Auckland Harbour Board during the financial year ending on the thirtieth day of September, nineteen hundred and thirty-nine, of the sum of three hundred and two dollars, being portion of an amount paid by way of compassionate allowances to William Thomas Gwyer (two hundred and eight dollars), Eva Holland (one hundred and four dollars), and Allison Stanners (one hundred dollars) is hereby validated and declared to have been lawfully incurred.

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

33 Extending period during which interest on Thames Harbour loans reduced
  • [Repealed]

    Section 33 was repealed, as from 30 August 1940, by section 17(2) Thames Borough Commissioner Amendment Act 1940 (1940 No 12).

34 Authorizing Napier Harbour Board to expend moneys to be received and held in trust for endowment purposes
  • Whereas by Proclamation published in the Gazette on the nineteenth day of August, nineteen hundred and thirty-seven, all those pieces or parcels of land situate in the Borough of Napier containing sixty-nine acres and thirty perches, more or less, comprising portions of Lots 2 and 3, Deposited Plan 6187, being portions of Te Whare-o-Maraenui Block and portion of Section 13R (closed road), situate in Block IV, Heretaunga Survey District (Borough of Napier), (Hawke's Bay Registry), (SO 1166, green), in the Hawke's Bay Land District: as the same is more particularly delineated on the plan marked PWD 96180, deposited in the office of the Minister of Public Works, at Wellington, and thereon edged red, were, pursuant to the powers conferred by the Public Works Act 1928, and section thirty-two of the Statutes Amendment Act 1936, taken by the Crown for housing purposes on and after the twenty-third day of August, nineteen hundred and thirty-seven: And whereas at that date the said lands formed part of the lands mentioned in section two of the Napier Harbour Board Act 1874, and were by that Act vested in the Napier Harbour Board (hereinafter called the Board) and reserved and set aside in trust for the use, benefit, and endowment of the Board: And whereas by section ninety-two of the Public Works Act 1928 (hereinafter referred to as the said Act), it is provided that any compensation-moneys arising from a sale or other disposition of lands held upon such trusts as aforesaid shall be paid into the Public Trust Office and applied in manner therein provided: And whereas the amount of the compensation payable by the Crown for the lands so taken as aforesaid has not yet been ascertained: And whereas the Board is desirous of expending out of such compensation-moneys a sum not exceeding twenty-two thousand dollars in or towards the erection upon other lands of the Board of administrative and office buildings for the use of the Board: Be it therefore enacted as follows:—

    • (1) Notwithstanding anything contained in section ninety-two of the said Act, out of the compensation-moneys payable in respect of lands taken by the Crown as aforesaid there shall be paid to the Board a sum not exceeding twenty-two thousand dollars for the purposes hereinafter provided.

    • (2) The Board may expend the sum so paid to it in or towards the cost of the erection of administrative and office buildings as aforesaid.

    • (3) The Board shall establish a sinking fund to be administered by the Public Trustee by paying to the Public Trustee such annual sum as, together with compounded interest thereon calculated at four dollars per centum per annum, will amount, at the expiration of a period of forty years commencing from the date hereinafter referred to, to the sum actually expended for the purposes aforesaid, and the sinking fund so created shall upon the expiration of the said period be held and applied by the Public Trustee in accordance with the provisions of the said Act.

    • (4) The date referred to in the last preceding subsection shall be the date on which the Board receives payment of the said sum of twenty-two thousand dollars or the first date on which the Board receives payment of any part of that sum.

    • (5) Any part of the moneys paid to the Board under this section and remaining in the hands of the Board after meeting the cost of the erection of such buildings shall be used and applied in accordance with the provisions of the said Act.

    The references to twenty-two thousand dollars, and four dollars were substituted, as from 10 July 1967, for references to eleven thousand pounds, and four pounds pursuant to section 7(1) and (2) Decimal Currency Act 1964 (1964 No 27).

35 Authorizing Wairoa Harbour Board to raise a special loan for aerodrome purposes
  • Whereas the Wairoa Harbour Board (hereinafter called the Board), pursuant to the powers contained in section five of the Local Authorities Empowering (Aviation Encouragement) Act 1929 [Repealed], proposes to establish an aerodrome for the Wairoa District: And whereas the Board desires to raise a loan without taking a poll of ratepayers for the purpose of acquiring land for the establishment of the said aerodrome and to meet the preliminary expenses in connection therewith: Be it therefore enacted as follows:—

    • (1) The Board may raise a special loan for an amount not exceeding twenty thousand dollars, subject to the provisions of the Harbours Act 1923, and the Local Bodies Loans Act 1926, but without taking the steps prescribed by sections nine to thirteen of the last-mentioned Act.

    • (2) Any moneys borrowed pursuant to the authority contained in the last preceding subsection shall be applied in payment of the cost of acquiring land for the establishment of an aerodrome and the preliminary expenses in connection with such establishment.

    • (3) It shall be lawful for the Board, out of the proceeds of any special rate heretofore made and levied by the Board, to pay the annual sum required to meet interest and sinking fund, or interest and instalments of principal, as the case may be, in respect of any loan raised under the authority of this section.

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

    The reference to twenty thousand dollars was substituted, as from 10 July 1967, for a reference to ten thousand pounds pursuant to section 7(1) Decimal Currency Act 1964 (1964 No 27).

Electric-power boards.

36 Validating certain expenditure of portion of loan raised by Bay of Islands Electric-power Board
  • All payments, not exceeding in all the sum of nine thousand eight hundred dollars, made by the Bay of Islands Electric-power Board from its Special Loan (1938) Account in acquiring land and erecting dwellings for workers and other persons employed in the service of the Board are hereby validated and declared to have been lawfully made.

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

37 Validating payment of interest by South Canterbury Electric-power Board
  • Whereas the South Canterbury Electric-power Board (hereinafter called the Board) borrowed the sum of sixteen thousand dollars (hereinafter referred to as the said sum), being portion of a loan known as the Electricity Development Loan, 1937, of thirty thousand dollars: And whereas it was agreed between the Board and the lender that interest at the rate of three and one-half per centum per annum in respect of the said sum should commence and be paid as from the thirtieth day of June, nineteen hundred and thirty-eight: And whereas the Board did not receive from the lender the said sum of sixteen thousand dollars until the nineteenth day of August, nineteen hundred and thirty-eight: And whereas the Board paid to the lender the sum of seventy-six dollars and seventy-two and a half cents as interest on the said sum in respect of the period between the thirtieth day of June, nineteen hundred and thirty-eight, and the nineteenth day of August, nineteen hundred and thirty-eight: And whereas the Board had no legal authority to expend its funds for the payment of interest between the dates aforesaid: Be it therefore enacted as follows:—

    The payment by the Board of the sum of seventy-six dollars and seventy-two and a half cents as interest on the said sum is hereby validated and declared to have been lawfully made.

    The references to sixteen thousand dollars, thirty thousand dollars, and seventy-six dollars and seventy-two and a half cents were substituted, as from 10 July 1967, for references to eight thousand pounds, fifteen thousand pounds, and thirty-eight pounds seven shillings and threepence pursuant to section 7(1) Decimal Currency Act 1964 (1964 No 27).

38 Validating provisions of agreement between Teviot and Otago Central Electric-power Boards
  • [Repealed]

    Sections 38 and 39 were repealed, as from 15 October 1959, by section 19 Otago Electric Power Board Empowering Act 1959 (1959 No 15(L)).

39 Provision with respect to amalgamation of Otago Central and Lake Wakatipu Electric-power Districts
  • [Repealed]

    Sections 38 and 39 were repealed, as from 15 October 1959, by section 19 Otago Electric Power Board Empowering Act 1959 (1959 No 15(L)).

    Subsection (13) was amended, as from 2 December 1948, by section 26(2) Local Legislation Act 1948 (1948 No 67) by substituting the word ten for the word nine, and by inserting the words or otherwise altering. See section 10 Finance Act 1941 (1941 No 4), as to validating a certain payment to Napier Harbour Board in connection with Napier housing scheme.

River and drainage boards.

40 Waioeka River District abolished
  • The Waioeka River District constituted under the River Boards Act 1908, is hereby abolished and the River Board of the said district is hereby dissolved.

41 Section 50 of the Local Legislation Act 1936, extended
  • Whereas it is enacted by section fifty of the Local Legislation Act 1936, as extended by section forty-two of the Local Legislation Act 1937, that the Mangapu Drainage Board (hereinafter called the Board) is authorized to make and levy for certain years, set out in those sections, a general rate, not exceeding one and one quarter cents in the dollar on the land classified, in accordance with section thirty-three of the Land Drainage Act 1908, as A lands; a general rate, not exceeding five-sixths of a cent in the dollar on lands so classified as B lands; and a general rate, not exceeding five twelfths of a cent in the dollar, on lands so classified as C lands: And whereas it is expedient that the Board should be empowered to continue to rate on that basis for a further period: Be it therefore enacted as follows:—

    The provisions of section fifty of the Local Legislation Act 1936, as extended by section forty-two of the Local Legislation Act 1937, shall be deemed to be further extended to authorize and to have authorized the Board to make and levy the general rates as set out in subsection two of section fifty of the Local Legislation Act 1936, for the years ending respectively on the thirty-first day of March, nineteen hundred and forty, on the thirty-first day of March, nineteen hundred and forty-one, and on the thirty-first day of March, nineteen hundred and forty-two.

    The reference to one and one quarter cents in the dollar, five-sixths of a cent in the dollar, and five-twelfths of a cent in the dollar was substituted, as from 10 July 1967, for a reference to threepence in the pound, twopence in the pound, and one penny in the pound pursuant to section 7(1) Decimal Currency Act 1964 (1964 No 27).

42 Validating the raising of the Halswell River Diversion Loan by Ellesmere Lands Drainage Board
  • Whereas the Ellesmere Lands Drainage Board (hereinafter called the Board) obtained the consent of the Local Government Loans Board to the raising of a loan of one thousand seven hundred dollars, to be known as Halswell River Diversion Loan, 1937 (hereinafter referred to as the said loan), subject to certain terms and conditions: And whereas by Order in Council bearing date the twenty-second day of September, nineteen hundred and thirty-seven, the Governor-General in Council, in pursuance and in exercise of the powers and authorities conferred on him by section eleven of the Local Government Loans Board Act 1926, as set out in section twenty-nine of the Finance Act 1932, (No 2), consented to the Board raising the said loan subject to the determinations as set out in the consenting Order in Council: And whereas one of the said determinations provided that the Board before raising the said loan should make provision for the repayment thereof by establishing a sinking fund under the Local Bodies Loans Act 1926, or under such other statutory enactment as may be applicable: And whereas, instead of making provision for the repayment thereof by establishing a sinking fund as aforesaid, the Board has issued debentures providing for repayment of the said loan by payments of principal and interest each half-year over the term as specified in the said Order in Council: And whereas the raising of the said loan in manner aforesaid without having previously obtained a variation of the said determinations was unlawful, and it is desirable that the said loan and the debentures thereunder be validated: Be it therefore enacted as follows:—

    • (1) The said loan is hereby validated and declared to have been lawfully raised and the said debentures securing the repayment of the said loan and interest thereon are hereby validated and declared to have been lawfully issued.

    • (2) Nothing heretofore done by the Board shall in any way prejudicially affect the security of the lenders of the said loan-moneys.

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

43 Auckland and Suburban Drainage Board authorized to raise a loan of $10,000
  • [Repealed]

    Section 43 was repealed, as from 30 October 1944, by section 77(1) Auckland Metropolitan Drainage Act 1908 (1908 No 8(L)).

    The references to $10,000, nine thousand dollars, one thousand nine hundred and sixty-three dollars and sixty-seven and a half cents, one thousand dollars, two thousand six hundred and thirty-seven dollars and sixty-seven and a half cents, two thousand three hundred dollars, two thousand dollars, and ten thousand dollars were substituted, as from 10 July 1967, for references to £5,000, four thousand five hundred pounds, ninety-eight pounds sixteen shillings and ninepence, five hundred pounds, one thousand three hundred and eighteen pounds sixteen shillings and ninepence, one thousand one hundred and fifty pounds, one thousand pounds, and five thousand pounds pursuant to section 7(1) Decimal Currency Act 1964 (1964 No 27).

44 Provision with respect to union of Mangapu Drainage District and Orahiri Drainage District
  • Whereas the Mangapu Drainage District and the Orahiri Drainage District are duly constituted districts under the provisions of the Land Drainage Act 1908: And whereas the boundaries of the two said drainage districts are contiguous: And whereas it is desirable to make provision as hereinafter appearing to take effect upon the abolition of the Orahiri Drainage District and the inclusion of the said district in the Mangapu Drainage District: Be it therefore enacted as follows:—

    Notwithstanding the provisions of the Land Drainage Act 1908, if the Orahiri Drainage District is abolished under section three of that Act and the area comprised in that district is subsequently, pursuant to an Order in Council made under that section, included in the Mangapu Drainage District, the following special provisions shall apply as from the date when the said Order in Council comes into force:—

    • (a) All property both real and personal belonging to the Orahiri Drainage Board shall be forthwith vested in the Mangapu Drainage Board:

    • (b) All rates and other moneys payable to the Orahiri Drainage Board shall be payable to the Mangapu Drainage Board:

    • (c) All actions, suits, and proceedings (if any) pending by or against the Orahiri Drainage Board may be carried on by or against the Mangapu Drainage Board:

    • (d) All the liabilities, contracts, and engagements of the Orahiri Drainage Board shall become the liabilities, contracts, and engagements of the Mangapu Drainage Board:

    • (e) The Mangapu Drainage Board may raise a special loan without taking the steps prescribed by sections nine to thirteen of the Local Bodies Loans Act 1926, for the purpose of repaying any loan liability of the Orahiri Drainage Board:

    • (f) Such special loan shall be secured by a special rate made and levied on all rateable property in the area then comprised in the former Orahiri Drainage District included as aforesaid in the Mangapu Drainage District.

45 Validating exchange of lands by Waimakariri River Trust
  • Whereas the Waimakariri River Trust (hereinafter called the Trust) agreed to acquire by way of exchange from the Corporation of the County of Waimairi certain lands containing, inter alia, eight acres one rood and twenty-two perches, part of Reserve 2363, being the land coloured pink on Plan 2268 deposited in the office of the Chief Surveyor at Christchurch: And whereas the Trust agreed with one Robert McCleave to transfer the said land to the said Robert McCleave by way of exchange for the areas of land totalling thirty acres and thirty-one perches, being the lands comprising respectively seven acres and five perches (coloured blue), thirteen acres three roods and thirty-three perches (coloured pink), and nine acres and thirty-three perches (coloured pink) on Plan 2251 deposited in the office of the Chief Surveyor at Christchurch and being Rural Section 22149 and parts of Rural Section 14181: And whereas the said lands being acquired by way of exchange by the Trust from the said Robert McCleave are of the value of eight hundred and fifty-one dollars thirty cents, and the lands being acquired by the said Robert McCleave from the Trust under the said exchange are of the value of two hundred and one dollars and thirty cents, and the amount paid to the said Robert McCleave by way of equality of exchange was the sum of six hundred and fifty dollars: And whereas the lands acquired by the Trust from Robert McCleave were more suitable for its purposes and were urgently required for river-protection purposes: And whereas possession of the lands affected by the said exchange has been given and taken by the Trust and the said Robert McCleave respectively, and the said Robert McCleave has been paid the said sum of six hundred and fifty dollars: And whereas by section four of the Waimakariri River Improvement Amendment Act 1930, the Trust was authorized to exchange lands vested in it for other lands and to pay by way of equality of exchange a sum not exceeding twenty-five per centum of the value of the land exchanged: And whereas it is desired to validate the transactions hereinbefore referred to: Be it therefore enacted as follows:—

    • (1) Notwithstanding anything contained in section four of the Waimakariri River Improvement Amendment Act 1930, the said exchange between the Trust and the said Robert McCleave and the payment of the said sum of six hundred and fifty dollars by the Trust are hereby validated.

    • (2) The Trust is hereby empowered to execute all documents and take all steps necessary for vesting the said lands containing eight acres one rood and twenty-two perches in the said Robert McCleave in fee-simple freed of any reservation or trust heretofore affecting the same.

    • (3) The Trust is also hereby empowered to execute all documents and take all steps necessary for vesting the said lands comprising thirty acres and thirty-one perches in the Trust in fee-simple upon trust for the improvement and protection of the banks of the Waimakariri River.

    The references to eight hundred and fifty-one dollars and thirty cents, two hundred and one dollars and thirty cents, and six hundred and fifty dollars were substituted, as from 10 July 1967, for references to four hundred and twenty-five pounds thirteen shillings, one hundred pounds thirteen shillings, and three hundred and twenty-five pounds pursuant to section 7(1) Decimal Currency Act 1964 (1964 No 27).

Fire board.

46 Validating payment of compassionate allowance by New Plymouth Fire Board
  • The payment by the New Plymouth Fire Board out of its ordinary funds during the financial year ended on the thirty-first day of March, nineteen hundred and thirty-nine, of a sum of ninety dollars to Mary Doughty, the widow of Fred Mamby Doughty, formerly employed by the said Board as caretaker of its fire-station, as a compassionate allowance is hereby validated and declared to have been lawfully made.

    The reference to ninety dollars was substituted, as from 10 July 1967, for a reference to forty-five pounds pursuant to section 7(1) Decimal Currency Act 1964 (1964 No 27).

Hospital boards.

47 Validating expenditure by Nelson Hospital Board towards making good losses sustained by nurses by fire
  • The expenditure by the Nelson Hospital Board (hereinafter called the Board) of sums totalling two thousand dollars as compensation to nurses employed by the Board in respect of losses of clothing and personal effects sustained by such nurses when the nurses' home annexe of the Board was destroyed by fire is hereby validated and declared to have been lawfully made.

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

48 Authorizing diversion of loan-moneys by Wellington Hospital Board
  • Whereas the Wellington Hospital Board (hereinafter called the Board) has raised a loan of nine hundred and thirty thousand dollars for the purpose of erecting buildings and making additions to existing buildings in connection with the Wellington Hospital, such loan being known as the Wellington Hospital Centenary Block Loan, 1937-40 (hereinafter referred to as the said loan): And whereas the moneys so raised are not required immediately for the purposes for which the said loan was authorized and the Board is desirous of diverting and utilizing such moneys or part thereof for other purposes: And whereas it is intended that all moneys so diverted and utilized shall be repaid by other moneys now or hereafter authorized to be borrowed for any of the purposes hereinafter mentioned: Be it therefore enacted as follows:—

    • (1) Subject to the provisions of subsection three of section seventy-five of the Hospitals and Charitable Institutions Act 1926, the Board may,, divert and utilize the moneys representing the said loan, or so much thereof as may be required, for all or any of the following purposes:—

      • (a) In making additions and alterations to the boiler-house at the Wellington Hospital and in the purchase of necessary equipment for such boiler-house:

      • (b) The provision, erection, and equipping of an emergency ward at the said hospital:

      • (c) In making alterations and additions to the buildings at the Wellington Hospital known as the children's theatre block, and in the purchase of necessary equipment therefor:

      • (d) The provision, erection, and equipping of bulk stores, dining-room, and staff quarters at the said hospital, and the acquisition of any land or interest in land required therefor or incidental thereto:

      • (e) The acquisition of land in the Hutt Valley as a site for a hospital, the alteration of or addition to existing buildings on such site, and the erection of new buildings thereon:

      • (f) The acquisition for hospital purposes of the fee-simple of or any lesser estate or interest in land adjoining the present site and grounds of the Wellington Hospital or adjacent thereto:

      • (g) In making alterations and additions to the laundry at the Wellington Hospital, and in the purchase of necessary equipment therefor:

      • (h) In payment of architectural, engineering, legal, and other fees and expenses incurred or to be incurred in connection with all or any of the purposes aforesaid.

      • (i) In making additions and extensions to the eye ward at the Wellington Hospital:

      • (j) The acquisition of land in or near Paekakariki as a site for a Tuberculosis Hospital, the erection of buildings thereon, and the purchase of necessary equipment for such hospital:

      • (k) The provision, erection, and equipping of emergency buildings on the Board's property at Lower Hutt, and the provision of necessary services in connection therewith for the purposes of providing additional bed accommodation.

      • (l) The provision, erection, and equipping of a mortuary at the Wellington Hospital.

    • (2) All payments made by the Board before the passing of this Act out of the said loan for all or any of the purposes aforesaid are hereby validated.

    • (3) Nothing herein contained shall be deemed to affect the right of the Board to raise any loan heretofore authorized, or any loan which may hereafter be authorized, for the purpose of meeting the cost of any of the works mentioned in subsection one of this section.

    • (4) [Repealed]

    The reference to nine hundred and thirty thousand dollars was substituted, as from 10 July 1967, for a reference to four hundred and sixty-five thousand pounds pursuant to section 7(1) Decimal Currency Act 1964 (1964 No 27).

    Subsection (1) was amended, as from 26 October 1942, by section 34(b) Local Legislation Act 1942 (1942 No 17) by omitting the words without derogating from the purposes for which the same were raised.

    Subsection (1)(i)-(k) was inserted, as from 13 October 1941, by section 35 Local Legislation Act 1941 (1941 No 23).

    Subsection (1)(l) was inserted, as from 26 October 1942, by section 34(a) Local Legislation Act 1942 (1942 No 17).

    Subsection (4) was repealed, as from 26 October 1942, by section 34(c) Local Legislation Act 1942 (1942 No 17).

Affecting two or more classes of public bodies.

49 Section 6 of Local Legislation Act 1933, extended
  • (1) Notwithstanding anything contained in subsection four of section six of the Local Legislation Act 1933, the provisions of that section shall, for all purposes, be deemed to have been continued in force as from the thirty-first day of March, nineteen hundred and thirty-nine, and shall have full force and effect until the thirty-first day of March, nineteen hundred and forty-nine.

    (2) The said subsection four is hereby repealed.

50 Authorizing certain local authorities to contribute to Wellington Branch of the New Zealand Free Ambulance Transport Service, Incorporated
  • All local authorities mentioned hereunder are authorized and empowered to pay to the New Zealand Free Ambulance Transport Service (Wellington District), Incorporated, in the year ending on the thirty-first day of March, nineteen hundred and forty, such sums as they think fit, not exceeding in any case the respective amounts hereinafter specified, namely:—

    The Wellington Hospital Board, two thousand five hundred dollars;

    The Wellington Harbour Board, six hundred dollars;

    The Hutt County Council, three hundred dollars; and

    The Makara County Council, one hundred and seventy-two dollars.

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

51 Provision with respect to payments by Wairoa County Council to Wairoa Borough Council
  • Whereas by agreement dated the twenty-sixth day of November, nineteen hundred and thirty-six, and made between the Corporation of the Borough of Wairoa, of the one part, and the Corporation of the County of Wairoa, of the other part, the Wairoa County Council agreed to pay to the Wairoa Borough Council the annual sum of one hundred dollars for a term of twenty-five years as from the first day of July, nineteen hundred and thirty-six, as its contribution towards the cost of a building erected within the Borough of Wairoa by the Wairoa Borough Council for the purposes of a ladies' rest room and room for the Plunket Nurse: And whereas the Wairoa County Council has made payments in accordance with such agreement: And whereas there is no statutory authority for payments heretofore made and hereafter to be made in accordance with the said agreement: Be it therefore enacted as follows:—

    All payments made before the passing of this Act by the Wairoa County Council to the Wairoa Borough Council under the aforesaid agreement out of its General Fund are hereby validated, and the Wairoa County Council is hereby authorized to make all such future payments out of its General Fund.

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

52 Authorizing Buller County Council and Westport Borough Council to contribute towards experiments by Cawthron Institute on pakihi lands
  • (1) The Buller County Council and the Westport Borough Council are hereby authorized each to pay to the Cawthron Institute a sum not exceeding one hundred dollars in each financial year during the period commencing on the first day of April, nineteen hundred and forty, and ending on the thirty-first day of March, nineteen hundred and forty-two, the first payment to be made during the financial year ending on the thirty-first day of March, nineteen hundred and forty, as a contribution towards a scientific investigation by the Institute of the utilization of certain lands in the Buller County:

    Provided that no payment shall be made in any year except with the approval of the Council of Scientific and Industrial Research.

    (2) Any such payment made by either of the said Councils in respect of the financial years ended respectively on the thirty-first day of March, nineteen hundred and thirty-eight, and the thirty-first day of March, nineteen hundred and thirty-nine, is hereby validated and declared to have been lawfully made.

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

53 Exchange of land at Evans Bay for portion of Fryatt Quay, between Wellington Harbour Board and Wellington City Corporation
  • (1) The areas of land described in subsection three of this section now vested in the Wellington Harbour Board are hereby declared to be streets and vested in the Corporation of the City of Wellington as such.

    (2) The area of land described in subsection four of this section, being portion of Fryatt Quay, is hereby closed and vested for an estate in fee-simple in the Wellington Harbour Board.

    (3) The areas of land referred to in subsection one of this section are more particularly described as follows:—

    • (a) All that piece of land containing one rood seven perches and eight-tenths of a perch, be the same a little more or less, being part of the bed of the Port Nicholson Harbour referred to in Schedule 4 to the Wellington Harbour Board Reclamation and Empowering Act 1908, being the land coloured red on a plan deposited in the office of the Chief Surveyor at Wellington as SO 20184; also that piece of land containing two roods sixteen perches and nine-tenths of a perch, be the same a little more or less, being part of Section 5, Evans Bay District, and also part of Lots 6 to 17 inclusive on Deposited Plan Number 2158, being the land coloured blue on the said plan SO 20184:

    • (b) All that piece of land situate in the Wellington Land District, containing twenty-five perches, be the same a little more or less, being part of the bed of the Port Nicholson Harbour and being part of the land described in Schedule 5 to the Wellington Harbour Board Reclamation and Empowering Act 1908: as the same is more particularly delineated on a plan deposited in the office of the Chief Surveyor at Wellington as SO 20259, and thereon coloured red.

    (4) The area of land referred to in subsection two of this section is more particularly described as follows:—

    All that piece of land situate in the City of Wellington containing one acre and sixteen perches and five-tenths of a perch, adjoining or passing through the land shown on Deposited Plan Number 7469, being part of reclaimed land situate in Block VI, Port Nicholson Survey District: as the same is more particularly delineated on a plan deposited in the office of the Chief Surveyor at Wellington as SO 20349, and thereon coloured green.

54 Section 56 of Reserves and other Lands Disposal and Public Bodies Empowering Act 1919, amended
  • Section fifty-six of the Reserves and other Lands Disposal and Public Bodies Empowering Act 1919, is hereby amended as follows:—

    • (a) By omitting from subsection one and from subsection two the words subject, however, to the provisions of subsections three, four, and five hereof:

    • (b) [Repealed]

    • (c) By repealing subsections three and four:

    • (d) By omitting from subsection five the words.

      subject to obtaining the consent of the ratepayers as provided in subsections two and three hereof.

    Paragraph (b) was repealed, as from 5 December 1951, by section 30(2) Local Legislation Act 1951 (1951 No 69).

55 Authorizing certain local authorities to establish a public pound
  • [Repealed]

    Section 55 was repealed, as from 17 October 1941, by section 33(5) Statutes Amendment Act 1941 (1941 No 26).

Miscellaneous.

56 Authorizing Board of Trustees of National Art Gallery and Dominion Museum to incur certain expenditure, and validating payments already made
  • It shall be and be deemed to have been lawful for the Board of Trustees of the National Art Gallery and Dominion Museum to borrow moneys, not exceeding in the aggregate the sum of four thousand dollars, for the purpose of meeting the preliminary expenses of the Board in connection with the holding of an Art Exhibition as a part of the Centennial celebrations.

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

57 Validating rates made and levied by Tuhikaramea Rabbit Board
  • Whereas it was adjudged by the High Court on the twenty-first day of August, nineteen hundred and thirty-nine, that the rates made and levied by the Tuhikaramea Rabbit Board in respect of the period commencing on the first day of September, nineteen hundred and thirty-eight, and ending on the thirty-first day of March, nineteen hundred and thirty-nine, were ultra vires of the said local authority and void: And whereas on the sixth day of October, nineteen hundred and thirty-eight, the said local authority made and delivered demands in writing for payment of the said rates, and a large percentage of the said rates was, prior to the said judgment, paid by divers ratepayers, and it is advisable in the public interest and to prevent injustice to validate the said rates and to empower the said local authority to recover the balance thereof: Be it therefore enacted as follows:—

    • (1) The rate-book wherein the said rates were recorded in and for the said period shall be deemed to have been compiled in accordance with law and to be and to have been valid and effectual accordingly; the rates made and levied or which the said local authority purported to make and levy in and for the said period as appearing in the said rate-book shall be valid and be deemed to have been valid from the fifth day of September, nineteen hundred and thirty-eight, the date when the said local authority purported to make and levy the same; the demands made by the said local authority for payment of such rates shall be and be deemed to have been valid, and the said rates shall be recoverable by the said local authority by action, notwithstanding the said judgment and notwithstanding that the said local authority failed to notify publicly its intention to make such rates, or the omission of any condition whatsoever precedent to the making or levying of such rates or any irregularity, mistake, or omission in the form or manner of making or levying the same or otherwise, and valid demands upon all persons liable for the said rates shall be conclusively presumed to have been duly made and delivered in accordance with law on the said sixth day of October, nineteen hundred and thirty-eight.

    • (2) Nothing contained in this section shall be construed to derogate from the power of the local authority under subsection two of section fifty-seven of the Rating Act 1925, to correct errors (if any) existing in the said rate-book on the said fifth day of September, nineteen hundred and thirty-eight, which the said local authority could or ought to have corrected.

    • (3) The additional charge of ten per centum chargeable in respect of the said rates under the provisions of section seventy-six of the Rating Act 1925, may be added to all the said rates remaining unpaid at the expiration of six months and fourteen days from the passing of this Act, and not otherwise, and shall be payable and recoverable accordingly; but such additional charge of ten per centum shall not be recoverable until the said local authority shall have publicly notified that the same will be added.

    • (4) Judgment for the amount of any of the said rates due may be given or signed at any time within three years after the passing of this Act:

      Provided, however, that judgment for so much of the said rates as may be due in respect of Maori land may be given against any owner or occupier of that land at any time within four years after the passing of this Act.

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

    The reference to the High Court was substituted, as from 1 April 1980, for a reference to the Supreme Court pursuant to section 12 Judicature Amendment Act 1979 (1979 No 124).

58 Authorizing the New Zealand Sheepowners' Acknowledgment of Debt to British Seamen Fund to transfer land to Women's Division of the New Zealand Farmers' Union (Incorporated)
  • Whereas the New Zealand Sheepowners' Acknowledgment of Debt to British Seamen Fund is a society duly incorporated under the provisions of the War Funds Act 1915, by Order in Council published in the Gazette of the first day of September, nineteen hundred and twenty-one: And whereas the Fund is administered by Trustees in accordance with the provisions of the said Act: And whereas the land described in subsection four hereof (known as the Girls' Flock House) is vested in the Fund for an estate in fee-simple: And whereas the trustees of the Fund desire to give and transfer the said land to the Women's Division of the New Zealand Farmers' Union (Incorporated) for the purpose of maintaining and continuing to use the said land for the training of rural domestic workers and particularly for the purpose of a rest-home for sick or convalescent wives or daughters of farmers: And whereas it is expedient to confer on the trustees power to give and transfer the said land to, and to authorize its acquisition by, the said Women's Division of the New Zealand Farmers' Union (Incorporated): Be it therefore enacted as follows:—

    • (1) The Trustees of the New Zealand Sheepowners' Acknowledgment of Debt to British Seamen Fund are hereby authorized and empowered to give and transfer to the Women's Division of the New Zealand Farmers' Union (Incorporated) the land described in subsection four hereof, and the acquisition of the said land by the said Women's Division of the New Zealand Farmers' Union (Incorporated) is hereby authorized for the purpose of maintaining and continuing to use the said land with the appurtenances thereto belonging for the training of rural domestic workers and particularly for the purpose of a rest-home for sick or convalescent wives and daughters of farmers.

    • (2) In the event of the Women's Division of the New Zealand Farmers' Union (Incorporated) being wound up or in the event of the said land at any time hereafter not being required or used by it for the purposes mentioned in subsection one hereof, then and in any such event the said land shall revert to and be revested in the New Zealand Sheepowners' Acknowledgment of Debt to British Seamen Fund, and the District Land Registrar shall enter upon the certificate of title to the said land a memorial to that effect.

    • (3) No gift duty or stamp duty shall be payable in respect of the transfer authorized by this section.

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

      All that piece of land situate in the Provincial District of Wellington containing four acres and one perch and eighty-six one-hundredths of a perch, more or less, situate in Block XIV of the Kairanga Survey District, and being Lot Number 29 on deposited plan Number 11013 and part of the land comprised in certificate of title, Volume 452, folio 260, Wellington Registry.

59 Authorizing the New Zealand (1940) Jamboree Team (Incorporated) to pay to Boy Scouts' associations moneys contributed towards the New Zealand Centennial Boy Scouts' Jamboree
  • Whereas it was proposed to hold in December, nineteen hundred and thirty-nine, and January, nineteen hundred and forty, a meeting (known as the New Zealand Centennial Boy Scouts' Jamboree and hereinafter referred to as the jamboree) of Boy Scouts, at Heretaunga, near Wellington: And whereas preparations were made and have until recently been in train for the jamboree: And whereas certain moneys have been paid to certain persons responsible for the arrangements for the jamboree in respect of Boy Scouts who proposed to attend the jamboree: And whereas on account of conditions of war now obtaining it has been found impossible to proceed with the jamboree, and the Boy Scouts concerned have been notified accordingly: And whereas on the first day of August, nineteen hundred and thirty-nine, a society was incorporated under the Incorporated Societies Act 1908, known as the New Zealand (1940) Jamboree Team (Incorporated), (hereinafter called the society): And whereas immediately after incorporation of the society the persons responsible for the arrangements for the jamboree paid to the society all moneys then in their hands representing, inter alia, the balance of sums received in respect of Boy Scouts as above mentioned: And whereas it is desired to provide for the refund (subject as hereinafter provided) to such Boy Scouts of moneys received in respect of such Boy Scouts as aforesaid: Be it therefore enacted as follows:—

    • (1) Subject to the deduction therefrom of such sums as shall be necessary to defray the costs and liabilities incurred in connection with the jamboree by the society or by the persons responsible for the arrangements in connection with the said jamboree, and including the costs of winding up the society and distribution of the said moneys as hereinafter provided, all such moneys so received, whether by the society or by the persons responsible for the arrangements for the jamboree, in respect of Boy Scouts as above mentioned shall be paid to the respective authorities for the time being (whether incorporated or unincorporated) of the Boy Scouts in each district from which any moneys shall have been received as aforesaid in respect of any Boy Scout or Boy Scouts who proposed to attend the jamboree.

    • (2) Such moneys shall be expressed to be paid to the respective Boy Scout authorities for distribution by those authorities to the Boy Scouts in respect of whom such moneys were paid.

    • (3) Such payments shall be made by the society or its nominee, and when effected shall operate as a complete discharge and indemnity to or for the society and its members and to or for all persons who have been concerned in the preparation and control of the said jamboree.