Local Legislation Act 1942

Local Legislation Act 1942

Public Act1942 No 17
Date of assent26 October 1942

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 1942.

County councils.

2 Validating proceedings in connection with a loan of $1,400 raised by the Buller County Council
  • Whereas the Buller County Council (hereinafter called the Council) was by Order in Council dated the eighteenth day of November, nineteen hundred and thirty-six, made pursuant to section eleven of the Local Government Loans Board Act 1926, and published in the Gazette of the nineteenth day of November, nineteen hundred and thirty-six, authorized to raise a loan of fifteen hundred dollars, to be known as the Karamea Doctor's Residence Loan, 1936 (hereinafter referred to as the said loan), subject to certain terms and conditions: And whereas one of the terms and conditions aforesaid was that the Council should before raising the loan make provision for repayment by establishing a sinking fund: And whereas the Council, pursuant to the said Order in Council, has raised a loan of fourteen hundred dollars from the State Advances Corporation of New Zealand, but has not made specific provision for a sinking fund as required by the said Order in Council: And whereas the Council has issued a series of forty debentures numbered 1 to 40 inclusive each for the sum of forty-eight dollars and ninety-five and five-sixths cents, being the half-yearly sum required to provide for the repayment of the said sum of fourteen hundred dollars with interest thereon at the rate of three dollars fifty cents per centum per annum: And whereas the said loan of fourteen hundred dollars was accordingly unlawfully borrowed, and it is desirable to validate the action of the Council in borrowing the same: Be it therefore enacted as follows:—

    The action of the Council in borrowing the said sum of fourteen hundred dollars 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, and the said debentures shall have full force and effect according to their tenor.

    The references to fifteen hundred dollars, fourteen hundred dollars, forty-eight dollars and ninety-five and five-sixths cents, and three dollars fifty cents were substituted, as from 10 July 1967, for references to seven hundred and fifty pounds, seven hundred pounds, twenty-four pounds nine shillings and sevenpence, and three pounds ten shillings pursuant to section 7(1) and (2) Decimal Currency Act 1964 (1964 No 27).

3 Authorizing diversion of certain loan-moneys by the Hutt County Council
  • Whereas the Hutt County Council (hereinafter called the Council) has raised certain special loans, known respectively as the Advances to Owners Private Connections Loan, 1938 (relating to the Point Howard Private Sewerage Connections), the Point Howard Water and Sewerage Loan, 1938, and the York Bay Advances to Owners Private Connections Loan, 1939 (hereinafter referred to as the said special loans): And whereas the sum of three thousand nine hundred and forty dollars of the first-mentioned loan, the sum of two thousand three hundred and sixty-six dollars of the second-mentioned loan, and the sum of two thousand dollars of the third-mentioned loan are not immediately required for the purposes for which the said special loans were authorized: And whereas, consequent upon the adjustment of boundaries between the County of Hutt and the City of Lower Hutt and the taking of accounts between the Council and the Lower Hutt City Council, the Council has become indebted to the Lower Hutt City Council in the sum of seven thousand eight hundred dollars: And whereas the Council is desirous of utilizing the said sum of three thousand nine hundred and forty dollars of the Advances to Owners Private Connections Loan, 1938, the sum of one thousand nine hundred and forty dollars of the Point Howard Water and Sewerage Loan, 1938, and the sum of one thousand five hundred dollars of the Lowry Bay Water and Sewerage Loan, 1939, for the purpose of paying in part its indebtedness of seven thousand eight hundred dollars to the Lower Hutt City Council: And whereas it is intended that all moneys so utilized shall be repaid by the Council out of its General Revenue Account or out of other moneys now or hereafter authorized to be borrowed for the purposes of paying such indebtedness of seven thousand eight hundred dollars: Be it therefore enacted as follows:—

    (1) The Council may, without derogating from the purposes for which the said special loans were raised, divert and utilize the said sums of three thousand nine hundred and forty dollars, one thousand nine hundred and forty dollars, and one thousand five hundred dollars for the purpose of paying in part the said sum of seven thousand eight hundred dollars now owing by the Council to the Lower Hutt City Council as aforesaid.

    (2) The Council is hereby authorized and required to repay the moneys so diverted by annual payments from its General Account of not less than one thousand six hundred dollars in each of the years ending on the thirty-first day of March, nineteen hundred and forty-three, nineteen hundred and forty-four, nineteen hundred and forty-five, and nineteen hundred and forty-six, and by a final payment of the balance then outstanding in the year ending on the thirty-first day of March, nineteen hundred and forty-seven, and also to pay out of such account the annual interest payable in respect of all moneys so diverted and for the time being not so repaid.

    (3) Nothing herein contained shall be deemed to affect the right of the Council to raise any loan which may hereafter be authorized for the purpose of meeting the said debt of seven thousand eight hundred dollars owing by the Council to the Lower Hutt City Council or any part thereof, and the Council is hereby authorized and required to repay from the proceeds of any such loan all moneys diverted as aforesaid and then remaining unpaid.

    (4) All capital repayments made by the Council under subsection two or subsection three of this section shall be appropriated to the said respective special loans in proportion to the respective amounts diverted from each loan.

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

4 Provision with respect to scheme of afforestation in the County of Masterton
  • Whereas by his last will dated the fifteenth day of February, nineteen hundred and forty, probate whereof was granted out of the High Court of New Zealand at Masterton on the fourth day of June, nineteen hundred and forty, Montfort Trimble, of Masterton, Doctor of Laws, deceased, bequeathed his residuary estate to his trustees for the purpose, amongst other things, of paying certain annuities and directed his trustees after the death of the last of the annuitants to transfer the corpus of his residuary estate to the New Zealand Insurance Company, Limited (hereinafter called the Company), in trust to invest the same and to apply the income of such investment in perpetuity for the purpose of public afforestation in the area (as existing at the date of his death) of the County of Masterton, in New Zealand, with power for the Company from time to time (in its discretion) to make such arrangement as it should deem conducive to the said purpose with any local or public authority: And whereas the Masterton County Council (hereinafter called the Council) has purchased for the said purpose an area of three hundred and sixteen acres, more or less, situate in Block VIII of the Miki-Miki Survey District, being part of Section 42 of the Opaki Block, being all the land comprised and described in certificate of title, Volume 401, folio 128 (Wellington Registry) at or for the sum of nine hundred and forty-eight dollars and are desirous of purchasing further lands at a later date for the same purpose: And whereas the Council intends from time to time in due and proper season to improve and to subdivide the lands so purchased and to plant and tend trees, shrubs, and other plants thereon: Be it therefore enacted as follows:—

    (1) Notwithstanding anything to the contrary in the Counties Act 1920, or in section thirty of the Finance Act 1922, or in any other Act the purchase of the above-described land by the Council is hereby declared to be valid in all respects and the Council shall be deemed to have been duly empowered to purchase such land, and the Council is hereby empowered to purchase other lands for the same purpose and to improve and subdivide the lands purchased and to plant and tend trees, shrubs, and other plants thereon.

    (2) Notwithstanding anything to the contrary in the Trustee Act 1956, or in the last will of the said Montfort Trimble the Company, notwithstanding that it has not yet been appointed trustee of the said will, is hereby empowered to approve of any scheme or schemes proposed by the Council to further the purpose of public afforestation in the County of Masterton as aforesaid and to approve of the expenditure of any sums of money already expended or to be expended by the Council for that purpose in purchasing lands and in improving and subdividing lands so purchased and in planting and tending trees, shrubs, and other plants thereon and to agree with the Council to refund to the Council the whole of the moneys so expended on any scheme or schemes approved of by the Company out of the first available income-moneys to fall into the hands of the Company from the corpus of the residuary estate of the said Montfort Trimble, deceased, and every scheme so approved by the Company shall have effect according to its tenor.

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

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

    The Trustee Act 1908 was substituted, as from 4 August 1908, for a reference to the Trustees Act 1883 pursuant to section 1(2) Trustee Act 1908 (1908 No 200). That reference was in turn substituted, as from 1 January 1957, by a reference to the Trustee Act 1956 pursuant to section 89(1) Trustee Act 1956 (1956 No 61).

City and borough councils.

5 Provision with respect to closing of street by Thames Borough Council
  • Whereas the Corporation of the Mayor, Councillors, and Burgesses of the Borough of Thames (hereinafter called the Corporation) is seized of an estate in fee-simple in all that parcel of land described in subsection two of this section: And whereas the said land is portion of a street along the bank of a river known as the Hape Stream: And whereas the Corporation is satisfied that the said land is of no value for street purposes: And whereas there is no authority for the Thames Borough Council to stop the said portion of street: And whereas it is expedient that provision should be made as hereinafter appears: Be it therefore enacted as follows:—

    (1) Notwithstanding anything to the contrary in the Municipal Corporations Act 1933, the Council may, in the manner provided by paragraph (h) of subsection four of section one hundred and seventy-five of the said Act, stop that portion of the street hereinbefore referred to.

    (2) The parcel of land referred to in this section is described as follows:—

    All that parcel of land situated in the Borough of Thames, in the Provincial District of Auckland, being a portion of a public street named Mackay Street, adjoining Lot 33, Block 28, Township of Shortland, and also being a portion of Kauaeranga S 28A, containing an area of fourteen perches and forty-four hundredths of a perch:—

    Commencing at a point formed by the intersection of the line forming the southern boundary of Grey Street and the line forming the western boundary of Mackay Street, bounded towards the north by Grey Street by a line bearing 68° 59′ 40″, distance 45 links; bounded towards the east by Mackay Street by a line bearing 159° 06′, distance 200.54 links; bounded towards the south by Mackay Street by a line bearing 249° 0′, distance 45 links; bounded towards the west by Allotment 33, Block 28, Township of Shortland, by a line bearing 339° 06′ 00″, distance 200.52 links, back to the point of commencement: as the same is more particularly shown on a plan prepared by Courtenay Kenny, licensed surveyor, Paeroa, and to be deposited in the Lands Registry Office at Auckland.

6 Authorizing remission of rates by Gisborne Borough Council
  • Whereas the Gisborne Borough Council (hereinafter called the Council) is desirous of obtaining authority to remit arrears of rates amounting to ninety-two dollars and seventy-four and a sixth cents, being the rates for the year ended on the thirty-first day of March, nineteen hundred and forty-two (hereinafter referred to as the said rates), the said rates being levied by the Council and being due and payable by the Gisborne and East Coast Young Men's Christian Association (Incorporated) in respect of that piece of land situated in the Borough of Gisborne containing one rood and thirty-six perches, being Lot 1, Deposited Plan 3003 of 6A Fitzherbert Street, situated in Fitzherbert Street, in the Borough of Gisborne, and numbered 3228 on the district valuation roll for that borough: And whereas the Council has no legal authority to make such remission: Be it therefore enacted as follows:—

    The Council is hereby authorized to remit the sum of ninety-two dollars and seventy-four and a sixth cents, being the amount of the said rates, and to absolve the said Association and the said lands from liability in respect thereof.

    The reference to ninety-two dollars and seventy-four and a sixth cents was substituted, as from 10 July 1967, for a reference to forty-six pounds seven shillings and fivepence pursuant to section 7(1) Decimal Currency Act 1964 (1964 No 27).

7 Authorizing Takapuna Borough Council to borrow moneys for water-supply purposes
  • Whereas the Takapuna Borough Council (hereinafter called the Council) has, pursuant to a requisition made by the Board of Health under the authority of the North Shore Boroughs (Auckland) Water-supply Act 1941, entered into a contract with the Auckland City Council for the supply to the Borough of Takapuna of water sufficient for all the normal requirements of the inhabitants of the borough (including fire-fighting requirements): And whereas in order to take full advantage of the said contract it is expedient that the Council should carry out the works hereinafter specified without delay: And whereas it has been found necessary to expend moneys for carrying out the said works, and for this purpose the Council has expended moneys from its District Fund Account and has borrowed moneys from its bankers by way of overdraft: And whereas it is desirable that the Council should be authorized to borrow further moneys by way of overdraft pending the raising of a special loan as hereinafter referred to: And whereas, in order to repay its bankers any moneys so borrowed and to recoup the District Fund Account, it is also desirable that the Council be authorized to raise a special loan without taking a poll of ratepayers: Be it therefore enacted as follows:—

    (1) For the purpose of constructing a reservoir and developing and improving the water-supply system of the borough and extending and replacing the water mains and pipes thereof, and cleaning and lining the existing mains and pipes thereof, and acquiring, cleaning, and lining the water mains and pipes heretofore owned by the Devonport Borough Council (hereinafter referred to as the said works), the Council is hereby authorized and empowered to borrow from its bankers by way of overdraft moneys not exceeding in the aggregate the sum of forty-six thousand six hundred dollars in excess of the limits prescribed by section three of the Local Bodies Finance Act 1921-22, and section twenty-five of the Local Legislation Act 1938.

    (2) Any moneys at any time heretofore borrowed by the Council in the manner aforesaid and expended on the said works shall be deemed to have been lawfully borrowed and expended under the authority of this section.

    (3) For the purpose of repaying moneys expended from the District Fund Account and any moneys borrowed from its bankers and owing under the authority of this section and completing the said works, the Council is hereby authorized and empowered by special order and without taking the steps prescribed by sections nine to thirteen of the Local Bodies Loans Act 1926, to raise a special loan not exceeding in the aggregate the sum of forty-six thousand six hundred dollars.

    (4) Pending the raising of the loan referred to in the last preceding subsection the excess overdraft authorized by this section shall be reduced by annual payments of one thousand nine hundred dollars, the first of such payments to be made during the financial year ending on the thirty-first day of March, nineteen hundred and forty-four.

    (5) Any moneys borrowed by the Council from its bankers under the authority of this section shall not at any time heretofore be deemed to have been taken into account nor shall any amount at any time lawfully owing by the Council to its bankers under this section hereafter be taken into account in determining the amount that may be borrowed or that may be owed by the Council pursuant to section three of the Local Bodies Finance Act 1921-22, and section twenty-five of the Local Legislation Act 1938.

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

8 Authorizing withdrawal of moneys from Depreciation Fund of electricity undertaking of Taihape Borough Council
  • Whereas the Taihape Borough Council (hereinafter called the Council) has a loan of forty-two thousand five hundred dollars, known as the Taihape Water-supply and Electric Light Loan, maturing on the first day of February, nineteen hundred and forty-three: And whereas of the said sum the sum of fifteen thousand dollars is in respect of the Council's Electricity Department's undertaking: And whereas the accrued sinking funds in respect of the said sum of fifteen thousand dollars will prove insufficient by the sum of four thousand nine hundred dollars to repay the said sum of fifteen thousand dollars: And whereas the Council's Electricity Department's Depreciation Fund is now in credit to the extent of nine thousand nine hundred and seventy-four dollars and seventy and five-sixths cents: And whereas the Council desires that the sum of four thousand nine hundred dollars shall be found by withdrawing that sum from the said Depreciation Fund: Be it therefore enacted as follows:—

    (1) The Council is hereby authorized to withdraw the sum of four thousand nine hundred dollars from the moneys to the credit of the Electricity Department's Depreciation Fund and on the first day of February, nineteen hundred and forty-three, to apply the same for the purpose of paying off in part the portion of the Taihape Water-supply and Electric Light Loan of forty-two thousand five hundred dollars for which the Council's Electricity Department's undertaking is liable.

    (2) The Commissioners of the said Depreciation Fund are hereby authorized to pay to the Council the sum of four thousand nine hundred dollars for the purpose mentioned in subsection one of this section.

    The references to forty-two thousand five hundred dollars, fifteen thousand dollars, four thousand nine hundred dollars, and nine thousand nine hundred and seventy-four dollars and seventy and five-sixths cents were substituted, as from 10 July 1967, for references to twenty-one thousand two hundred and fifty pounds, seven thousand five hundred pounds, two thousand four hundred and fifty pounds, four thousand nine hundred and eighty-seven pounds seven shillings and one penny pursuant to section 7(1) Decimal Currency Act 1964 (1964 No 27).

9 Validating expenditure by Lower Hutt City Council in respect of refuse contract
  • The expenditure by the Lower Hutt City Council out of its General Fund of the sum of eight dollars and sixty-six and two-third cents during the year ended on the thirty-first day of March, nineteen hundred and forty-one, and of the sum of one hundred and four dollars during the year ended on the thirty-first day of March, nineteen hundred and forty-two, to cover increased costs incurred as a result of war conditions by James Robert Dunnett under a certain contract with the Council bearing date the fifteenth day of March, nineteen hundred and thirty-nine, for the collection and removal of dust and refuse in the City of Lower Hutt is hereby validated and declared to have been lawfully incurred.

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

10 Validating a payment by the Crown to the Temuka Borough Council
  • (1) The payment to the Temuka Borough Council of the sum of two thousand five hundred and sixty dollars out of the Housing Account under section twenty-nine of the Housing Act 1919, for the land described in subsection three of this section is hereby validated and declared to have been lawfully made.

    (2) The said sum of two thousand five hundred and sixty dollars shall be applied by the Council in and towards the establishment of a fund for the provision of a Town Hall and Municipal Offices in the Borough of Temuka.

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

    Firstly, all that parcel of land containing nine acres one rood thirty-nine perches and two-tenths of a perch, more or less, being Reserves 1698, 1703, 1705, 1707, 2741, 2772, 1652, 2742, 1699, and 2773 of the Borough of Temuka.

    Secondly, all that parcel of land containing two roods, more or less, being part of Reserve 761 of the Borough of Temuka: as the same is more particularly delineated on the plan marked 30/228/69A, deposited in the Head Office, Department of Lands and Survey at Wellington, and thereon bordered red.

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

11 Validating a payment by the Crown to the Patea Borough Council
  • (1) The payment to the Patea Borough Council of the sum of seventy-six dollars out of the Housing Account under section twenty-nine of the Housing Act 1919, for the land described in subsection two of this section is hereby validated and declared to have been lawfully made.

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

    All that parcel of land containing eight acres one rood eleven perches and sixteen-hundredths of a perch, more or less, being Lots 1 and 2 on Deposited Plan 5713, being part Block XLVI, Town of Patea, and being part of the land described in certificate of title, Volume 1, folio 253 (New Plymouth Registry).

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

12 Authorizing Greymouth Borough Council to borrow moneys for extension of Greymouth Cemetery
  • Whereas the Greymouth Borough Council (hereinafter called the Council) has the control and management of the Greymouth Cemetery: And whereas the Council is desirous of extending the said cemetery by the acquisition of all that parcel of land adjoining the said cemetery containing two roods and thirty perches, being Lot 1 of Section 2303, Block 12, Greymouth Survey District, and of borrowing the sum of four thousand six hundred dollars for the purpose of the acquisition of the said land and of preparing for cemetery purposes that land and other lands now comprised in the Greymouth Cemetery: Be it therefore enacted as follows:—

    The Council is hereby authorized and empowered to raise by way of special loan under the Local Bodies Loans Act 1926, without taking the steps prescribed by sections nine to thirteen of that Act, a sum not exceeding four thousand six hundred dollars for the purpose of acquiring the said land and preparing for cemetery purposes the said land and other lands now comprised in the Greymouth Cemetery.

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

13 Validating grants made by Hastings Borough Council towards earthquake relief
  • The payment by the Hastings Borough Council during the financial year ending on the thirty-first day of March, nineteen hundred and forty-three, of sums totalling three hundred dollars to the Mayors of the Cities of Wellington and Palmerston North and of the Borough of Masterton to be spent by the respective Mayors at their discretion towards alleviating acute distress caused as the result of the earthquakes during the months of June and August, nineteen hundred and forty-two, is hereby validated and declared to have been lawfully made.

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

14 Authorizing Pahiatua Borough Council to raise a special loan for water-supply purposes
  • (1) The Pahiatua Borough Council (hereinafter called the Council) is hereby authorized to raise a special loan not exceeding eight thousand dollars by special order and without taking the steps prescribed by sections nine to thirteen of the Local Bodies Loans Act 1926, for the purpose of meeting a proportion of the cost of extending the water-supply system of the borough.

    (2) Any moneys heretofore expended by the Council from its General Account for the purpose aforesaid are declared to have been lawfully expended and may be repaid to that Account out of the moneys to be raised by way of special loan under the authority of this section.

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

15 Moneys raised under the Wellington City Works Loan, 1941, may be expended for damage arising from earthquakes in the year 1942
  • (1) Any moneys raised by the Wellington City Council (hereinafter called the Council) under the provisions of section seven of the Local Bodies Finance Act 1921-22, by way of special loan, known as the Wellington City Works Loan, 1941, for the purpose of carrying out works occasioned by storm damage, may be applied by the Council for the purpose of carrying out works occasioned by the damage arising from earthquakes occurring in the year nineteen hundred and forty-two.

    (2) Such moneys may be used to make advances pursuant to the provisions of section forty-five of the Statutes Amendment Act 1941, and for expenditure under section forty-six of that Act, in respect of the matters mentioned in the said sections forty-five and forty-six.

    (3) The Council is hereby authorized to borrow by way of special loan in the manner provided by the Local Bodies Loans Act 1926, without taking the steps prescribed by sections nine to thirteen of that Act, the amount of, or part of the amount of, the moneys expended under the authority of this section, and the moneys so borrowed may be used for the purposes for which the Wellington City Works Loan, 1941, was originally authorized.

16 Wellington City Council authorized to permit encroachment on the Terrace, Wellington
  • Whereas the building belonging to Archibald Richardson, of Wellington, Clerk, situate on part of Section 484, in the City of Wellington, encroaches on The Terrace, a street in the said city, for a space not wider at any part than fifty-hundredths of a link: Be it therefore enacted as follows:—

    The Wellington City Council is hereby empowered, upon application being made in that behalf, to grant to the said Archibald Richardson and his assigns a license to occupy that part of the said street encroached upon as aforesaid during such period as the building existing thereon on the passing of this Act shall remain.

17 Authorizing Patea Borough Council to sell certain land
  • Notwithstanding anything to the contrary in any Act, it shall be lawful for the Patea Borough Council to sell all that land being Lot 16, DP 1337, part Section 8, Block XL, Borough of Patea, being part of the land contained in certificate of title, Volume 132, folio 197, in the Taranaki Registry, and to dispose of the proceeds of such sale in the manner provided in subsection two of section four of the Patea Borough Council Empowering Act 1930.

18 Authorizing Napier Borough Council to sell part of a municipal endowment
  • [Repealed]

    Section 18 was repealed, as from 8 September 1999, by section 6(b) Napier Borough Endowments Amendment Act 1999 (1999 No 3(L)).

    The Public Reserves, Domains, and National Parks Act 1928 (1928 No 36) was substituted, as from 1 April 1954, by a reference to the Reserves and Domains Act 1953 pursuant to section 107(1) Reserves and Domains Act 1953 (1953 No 69). That reference was in turn substituted, as from 1 April 1978, by a reference to the Reserves Act 1977 pursuant to section 125(1) Reserves Act 1977 (1977 No 66).

19 Further provision with respect to agreement made between the Westport Borough Council and the Westport Coal Company, Limited, for the supply of electricity
  • Whereas the Westport Borough Council (hereinafter called the Council) has entered into a certain Electrical Supply Agreement bearing date the twenty-fifth day of July, nineteen hundred and forty, with the Westport Coal Company, Limited (hereinafter called the Company), a copy of which is recorded in the office of the Department of Internal Affairs at Wellington under Number IA 105/155: And whereas by section twenty-one of the Local Legislation Act 1940 (hereinafter referred to as the said section), provision was made validating the terms of the said agreement and authorizing the exercise of borrowing-powers by the Council up to the sum of eighteen thousand dollars for the purpose of providing a power-transmission line and equipment in accordance with the said agreement: And whereas it was originally estimated that the cost of the said power-transmission line and equipment would not exceed the sum of eighteen thousand dollars: And whereas, owing to war conditions and other circumstances beyond the control of the parties, the original estimates of cost have been exceeded and the cost of the said power-transmission line and equipment has increased to a sum estimated not to exceed twenty-two thousand three hundred dollars: And whereas under the authority of the said section the Council has issued a series of debentures for the sum of eighteen thousand dollars for the purpose of securing the payment of part of the moneys aforesaid, but the balance of approximately four thousand three hundred dollars has yet to be provided for: And whereas it is desirable to extend the borrowing-powers of the Council in manner hereinafter appearing: Be it therefore enacted as follows:—

    Notwithstanding anything contained in the said section the Council is hereby authorized, and shall be deemed to have been authorized, to borrow for the purposes set out in that section a sum not exceeding twenty-two thousand three hundred dollars, and the said section shall be read and construed as though the reference therein to a sum of eighteen thousand dollars was a reference to the sum of twenty-two thousand three hundred dollars.

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

Town board.

20 Validating agreement between Otorohanga Town Board and Levin Amusements, Limited
  • Whereas for some years past the Otorohanga Town Board (hereinafter called the Board) has been engaged in the business of exhibiting motion pictures in the Town District of Otorohanga: And whereas the Board on the fifth day of November, nineteen hundred and forty, made and executed with Levin Amusements, Limited, a deed of arrangement which said deed provided for the amalgamation for a definite period of the business of the Board as aforesaid with the similar business then being conducted in the Town District of Otorohanga by Levin Amusements, Limited, and for the future administration and control of the amalgamated businesses: And whereas doubts have arisen as to the competence of the Board under its existing statutory and other powers to enter into, become party to, and be bound by the said deed: Be it therefore enacted as follows:—

    All parties to the said deed of the fifth day of November, nineteen hundred and forty, shall be deemed to have had full power and authority to enter into, become party to, and be bound by the said deed, and the said deed shall accordingly bind all parties thereto and take effect according to its tenor.

Harbour boards.

21 Authorizing payment of compassionate allowance by Auckland Harbour Board
  • The Auckland Harbour Board is hereby empowered to pay out of its Harbour Fund the sum of six hundred and fifty-one dollars to Ellen Tyler, of Auckland, the widow of George Alfred Tyler, late Dockmaster at Auckland, as a recognition of the services rendered to the Board by the late George Alfred Tyler.

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

22 Validating expenditure incurred by Auckland Harbour Board
  • The expenditure by the Auckland Harbour Board during the financial year ended on the thirtieth day of September, nineteen hundred and forty-one, of the sum of one hundred and twenty dollars and forty-two and a half cents in connection with the opening ceremony of the Westhaven Social Hall is hereby validated and declared to have been lawfully incurred.

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

23 Validating certain payments made by Wellington Harbour Board in respect of overseas contracts
  • Whereas the Wellington Harbour Board (hereinafter called the Board) prior to the war entered into certain contracts for the supply to the Board at Wellington of six electric cargo-cranes by the East Ferry Crane and Engineering Company, Limited, of England, and of ten electric overhead travelling cranes by Cowans, Sheldon, and Company, Limited, of England: And whereas questions arose between the Board and the said companies concerning the payment of increased costs for the manufacture and delivery of the said cranes caused by the war, and the Board compromised the dispute by paying to the said companies out of its Harbour Fund a portion of the said increased costs—namely, the sum of four thousand three hundred and thirty-four dollars and eighty centsto the East Ferry Crane and Engineering Company, Limited, in London, and the sum of five hundred and twenty-five dollars and seventy-five cents (English sterling currency) to Cowans, Sheldon, and Company, Limited, in London, in full settlement of all claims which the said companies or either of them had or might have against the Board for the said increased costs: And whereas it is desirable to validate the said payments made by the Board: Be it therefore enacted as follows:—

    The said payments out of the Harbour Fund of the Board to the said companies are hereby validated and declared to have been lawfully made.

    The references to four thousand three hundred and thirty-four dollars and eighty cents, and five hundred and twenty-five dollars and seventy-five cents were substituted, as from 10 July 1967, for references to two thousand one hundred and sxity-seven pounds eight shillings, and two hundred and sixty-two pounds seventeen shillings and sixpence pursuant to section 7(1) Decimal Currency Act 1964 (1964 No 27).

24 Napier Harbour Board authorized to raise a special loan not exceeding $100,000 for purpose of refunding moneys to Harbour Fund Account
  • Whereas by the Napier Harbour Board Loan Act 1933, as amended by the Napier Harbour Board Loan Amendment Act 1937, and the Napier Harbour Board Loan Amendment Act 1939, the Napier Harbour Board (in this section referred to as the Board) was empowered to raise loans amounting to nine hundred and twenty thousand dollars: And whereas the Board has raised the sum of nine hundred and twenty thousand dollars and has applied the same in and about the construction and carrying-out of the works referred to in the Schedule to the Napier Harbour Board Loan Amendment Act 1939: And whereas the loans raised as aforesaid were insufficient for the completion of all the works referred to in the said Schedule: And whereas the Board has provided moneys from its Harbour Fund Account for the completion of the said works, including moneys borrowed by way of overdraft pursuant to section twenty-four of the Local Legislation Act 1942: And whereas the Board desires to raise a loan for the purpose of recouping its Harbour Fund Account in respect of a portion of the aforesaid expenditure: And whereas it is desirable that the Board be empowered to borrow a sum not exceeding one hundred thousand dollars for the purpose aforesaid: Be it therefore enacted as follows:—

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

    (2) The Board is hereby authorized, subject to the provisions of the Harbours Act 1923, to raise by special resolution, and without taking the steps prescribed by sections nine to thirteen of the Local Bodies Loans Act 1926, a special loan of one hundred thousand dollars, and to pay the proceeds of the loan into its Harbour Fund Account for the purpose of refunding to that account a portion of the aforesaid expenditure.

    (3) The provisions of the Napier Harbour Board Loan Act 1933, shall, except so far as they are inconsistent with this section, apply to the special loan authorized by the last preceding subsection.

    (4) Notwithstanding anything to the contrary in the Local Bodies Finance Act 1921-22, the Harbours Act 1923, or any other Act, the Board may, pending the raising of the said loan of one hundred thousand dollars, borrow and owe by way of excess overdraft a sum not exceeding one hundred thousand dollars, and such excess overdraft as may at any time be owing by the Board under the authority of this section shall not be taken into account in determining the amount that may be borrowed and owed by the Board by way of overdraft under the authority contained in the Local Bodies Finance Act 1921-22:

    Provided that if the said loan of one hundred thousand dollars is not raised before the thirtieth day of September, nineteen hundred and forty-five, the Board shall repay the amount of such excess overdraft not later than the thirtieth day of September, nineteen hundred and fifty-one, and shall in the meantime repay in each financial year commencing in the year ending on the thirtieth day of September, nineteen hundred and forty-five, such part of the said excess overdraft as the Local Government Loans Board fixes for that financial year.

    (5) This section is in substitution for section twenty-four of the Local Legislation Act 1942, and that section is hereby consequentially repealed.

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

    Section 24 was substituted, as from 25 August 1943, by section 25(5) Local Legislation Act 1943 (1943 No 17).

Electric-power boards.

25 Validating raising of loan-moneys by the Thames Valley Electric-power Board
  • Whereas by Order in Council made under section eleven of the Local Government Loans Board Act 1926, and dated the twenty-seventh day of July, nineteen hundred and thirty-eight, consent was given to the raising by the Thames Valley Electric-power Board (hereinafter called the Board) of the sum of one hundred and eighty thousand dollars, being the Board's Extension Loan, 1938, subject to the determinations as to borrowing and repayment therein set forth, one of which determinations was that no moneys should be borrowed under the said consent after the expiration of two years from the date of the said Order in Council: And whereas by Order in Council made under the same section dated the third day of April, nineteen hundred and forty, the determinations aforesaid were varied in so far as they applied to portion of the said loan amounting to twenty-four thousand dollars, and by Order in Council made under the same section dated the first day of May, nineteen hundred and forty, were again varied in respect of the said sum of twenty-four thousand dollars, but such two last-mentioned Orders in Council contained no determination extending the period during which the said sum of twenty-four thousand dollars might be borrowed: And whereas such period expired on the twenty-seventh day of July, nineteen hundred and forty, and the Board did not borrow the said sum of twenty-four thousand dollars until the first day of October, nineteen hundred and forty, when there was issued a series of debentures numbered 43 to 92 inclusive securing such moneys with interest from that date: And whereas it is desirable that the raising of that portion of the Extension Loan and the said borrowing should be validated: Be it therefore enacted as follows:—

    The action of the Board in raising the aforesaid sum of twenty-four thousand dollars, being a portion of the Board's Extension Loan, 1938, after the expiration of the period determined in the said Order in Council dated the twenty-seventh day of July, nineteen hundred and thirty-eight, is hereby validated, and the said sum shall be deemed to have been lawfully borrowed, and the securities given in respect thereof to have been lawfully issued.

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

26 Authorizing South Canterbury Electric-power Board to borrow for erection of concrete-pole factory
  • Whereas the South Canterbury Electric-power Board (hereinafter called the Board) is desirous of establishing and erecting a factory for the manufacture of concrete poles and other concrete works in South Canterbury and is further desirous of paying for the purchase of a site and erecting and equipping such factory with moneys lawfully borrowed for that purpose: And whereas the Board was by Order in Council dated the first day of October, nineteen hundred and forty-one, published in the Gazette of the twenty-third day of October, nineteen hundred and forty-one (hereinafter referred to as the said Order in Council), authorized to borrow the sum of thirty-six thousand dollars for certain purposes connected with the Board's undertaking: And whereas the sum of seven hundred and fifty-three dollars and nineteen and a sixth cents has been expended out of the moneys borrowed under the authority of the said Order in Council on the purchase of land for the site of a concrete-pole factory and for the erection and equipment of such factory: And whereas it is doubtful whether the Board can lawfully spend such moneys for the purpose aforesaid and it is desirable to remove any such doubt: Be it therefore enacted as follows:—

    (1) The sum of seven hundred and fifty-three dollars and nineteen and a sixth cents expended out of the loan of thirty-six thousand dollars raised under the authority of the said Order in Council is declared to have been lawfully expended.

    (2) The Board is hereby authorized to raise a special loan not exceeding nine thousand dollars under the Local Bodies Loans Act 1926, by special order and without taking the steps prescribed by sections nine to thirteen of that Act, for the purpose of purchasing a site and erecting and equipping a factory for the manufacture of concrete poles and other concrete works, and for the purpose of repaying to the Board's Power Fund Account any moneys, not exceeding in the aggregate the sum of nine thousand dollars, which may have been expended out of that account for the purposes aforesaid prior to the passing of this section.

    The references to thirty-six thousand dollars, seven hundred and fifty-three dollars and nineteen and a sixth cents, and nine thousand dollars were substituted, as from 10 July 1967, for references to eighteen thousand pounds, three hundred and seventy-six pounds eleven shillings and elevenpence, and four thousand five hundred pounds pursuant to section 7(1) Decimal Currency Act 1964 (1964 No 27).

27 Special provision with respect to supply of electricity by Grey Electric-power Board
  • Whereas the Grey Electric-power Board (hereinafter called the Board) on the eleventh day of February, nineteen hundred and forty-two, pursuant to the Local Government Loans Board Act 1926, made application to the Local Government Loans Board for its sanction to raise a special loan of twenty thousand dollars for the further reticulation of its district and the reticulation of part of the area (hereinafter referred to as the said area) particularly described in subsection four hereof: And whereas the said area comprises with other areas that area of land constituted the Reefton Electric-power District by Proclamation dated the twenty-eighth day of June, nineteen hundred and twenty-one, published in the Gazette dated the thirtieth day of June, nineteen hundred and twenty-one: And whereas, owing to circumstances arising which made the carrying-out of the reticulation of part of the said area a matter of urgency, the Board proceeded to carry out such reticulation while the said application was still under consideration by the Local Government Loans Board: And whereas the Board has since the making of the said application expended the sum of fourteen thousand dollars on the further reticulation of the Grey Electric-power District and the reticulation of part of the said area: And whereas such expenditure was provided for from the Board's Power Fund Account: And whereas the Local Government Loans Board has sanctioned the borrowing by the Board of six thousand dollars for the purpose of completing that portion of the proposed reticulation of the Grey Electric-power District not yet carried out: And whereas the Board has no power to raise a loan for the purpose of recouping its Power Fund Account in respect of the aforesaid expenditure of fourteen thousand dollars: And whereas it is desirable that any expenditure in the said area heretofore incurred by the Board be validated and that the Board be authorized to borrow fourteen thousand dollars for the purpose of refunding to its Power Fund Account the said sum of fourteen thousand dollars: Be it therefore enacted as follows:—

    (1) The said Proclamation dated the twenty-eighth day of June, nineteen hundred and twenty-one, constituting the Reefton Electric-power District is hereby revoked and the Reefton Electric-power Board is hereby dissolved.

    (2) All electric lines and other electric works at any time heretofore constructed and all things at any time heretofore done by the Board in respect of the said area shall be deemed to have been lawfully constructed, made, or done, and shall have effect as if at all such times the said area had been included in the Grey Electric-power District.

    (3) The Board is hereby authorized to raise under the Local Bodies Loans Act 1926, by special order and without taking the steps prescribed by sections nine to thirteen of that Act a further special loan of fourteen thousand dollars and to pay the proceeds of such loan to its Power Fund Account for the purpose of refunding to such account the aforesaid expenditure of fourteen thousand dollars.

    (4) The said area is particularly described as follows:—

    All that area in the Nelson Land District, Inangahua County, comprising portions of Maimai, Reefton, and Inangahua Survey Districts, bounded on the west by the line forming the eastern boundary of Inangahua County: Commencing at a point in the centre of the Otututu or Rough River on the boundary of the Grey Electric-power District as described in the Gazette of the eighteenth day of July, nineteen hundred and forty, and running generally northerly and north-easterly along the line forming the boundary of Inangahua County to a point on the northern boundary of Inangahua County, situated on the left bank of Dee Creek in Block V, Inangahua Survey District, where the Inangahua County boundary intersects the eastern boundary of Block V of Inangahua Survey District; thence south-easterly along the left bank of the said Dee Creek on the line forming the boundary between Blocks V and VI, Inangahua Survey District, to its point of intersection with the line forming the eastern boundary of Block V, Inangahua Survey District; thence due south along the eastern boundaries of Blocks V, IX, and XIII, Inangahua Survey District, including Section 25, continuing due south along the eastern boundaries of Blocks III, VII, XI, and XV of Reefton Survey District, and Block III of Waitahu Survey District to the south-eastern corner of Block III, Waitahu Survey District; thence due west along the southern boundaries of Blocks III and II of Waitahu Survey District to a point on the boundary of the District of the Grey Electric-power Board on the south-eastern corner of Block I, Waitahu Survey District; thence along the boundary of the Grey Electric-power District as described in the Gazette of the eighteenth day of July, nineteen hundred and forty, following this boundary to the point of commencement on the boundary of the Inangahua County, excluding therefrom all that area covered by the District of the Reefton Electric Supply Company and described in the Gazette of the twenty-fourth day of February, nineteen hundred and sixteen.

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

River and drainage boards.

28 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, and section forty-one of the Local Legislation Act 1939, that the Mangapu Drainage Board (hereinafter called the Board) is authorized to make and levy for certain years as set out in those sections a general rate, not exceeding one and a 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, and section forty-one of the Local Legislation Act 1939, 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-three, on the thirty-first day of March, nineteen hundred and forty-four, and on the thirty-first day of March, nineteen hundred and forty-five.

    The references to one and a quarter cents in the dollar, five-sixths of a cent in the dollar, and five twelfths of a cent in the dollar were substituted, as from 10 July 1967, for a references 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).

29 Prescribing system for collecting rates within Taradale Town District for Hawke's Bay Rivers Board purposes
  • Section ten of the Hawke's Bay Rivers Act 1919, is hereby amended as follows:—

    • (a) By inserting, after the words Wards Numbers Two, Three, and Four, the words (with the exception of the area contained within the boundaries of the Town District of Taradale):

    • (b) By adding the following words: In that portion of Ward Number Two contained within the boundaries of the Town District of Taradale, according to the system of rating for town district purposes for the time being in force in that town district. Any rate so levied within that town district shall be adjusted so as to yield as nearly as may be the amount that would be produced in that area if the rate were levied according to the system of rating for county purposes for the time being in force in the County of Hawke's Bay.

Hospital boards.

30 Validating certain irregularities by the Southland Hospital Board in connection with a loan proposal of $40,000
  • Whereas the Southland Hospital Board (hereinafter called the Board) made application for authority to raise a loan of forty thousand dollars (hereinafter referred to as the said loan) for the purpose of providing funds for the carrying-out of alterations and renovations to, and the re-equipment of, Dee Street Hospital, Invercargill: And whereas, in order to avoid delay in the completion of the said works, the Board commenced such works before the Board was authorized to raise the said loan and consequently the Board is precluded without further authority from raising the said loan: And whereas it is desirable that provision be made as hereinafter appears: Be it therefore enacted as follows:—

    (1) Subject to compliance with the provisions of the Local Government Loans Board Act 1926, the Board is hereby authorized and empowered to raise the amount of the said loan, notwithstanding that portion of the work in respect of which the said loan was to have been raised has been commenced.

    (2) The Board is hereby further authorized and empowered to refund to its General Account out of the loan-moneys any sums expended from that account in respect of the said works and for payment of all other liabilities incurred or to be incurred in connection with the completion of the said works.

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

31 Validating payment of compassionate allowance by Grey Hospital Board
  • The payment by way of compassionate allowance by the Grey Hospital Board out of its General Account of the sum of three hundred and forty-five dollars and twenty cents on the sixteenth day of August, nineteen hundred and forty, to the Public Trustee as legal representative of the dependants of Arthur Joseph Fraser, an employee of the Board who died on the twenty-fifth day of July, nineteen hundred and forty, is hereby validated and declared to have been lawfully made.

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

32 Authorizing Wellington Hospital Board to divert temporarily certain loan-moneys to other purposes
  • Whereas the Wellington Hospital Board (hereinafter called the Board) has raised a loan of one hundred and fifty-eight thousand five hundred dollars for the purpose of erecting and equipping a nurses' home at the Wellington Hospital, such loan being known as the Nurses' Home Loan, 1937 (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, without derogating from the purposes for which the same is raised, divert and utilize the moneys representing the said loan, or so much thereof as may be required, for the purposes following—namely, the provision, erection, and equipping of other buildings at the Wellington Hospital and the provision of necessary services in connection therewith for the purposes of providing additional bed accommodation for patients.

    (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) The Board is hereby authorized and required to repay from the proceeds of any loan referred to in the last preceding subsection all moneys temporarily diverted from the said loan.

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

33 Authorizing Wellington Hospital Board to apply moneys received by way of compensation in respect of land taken under Public Works Act 1981, in manner approved by Minister of Health
  • Whereas by Proclamation published in the Gazette on the sixteenth day of December, nineteen hundred and thirty-seven, the land hereinafter described, then vested in the Wellington Hospital Board (hereinafter called the Board), was taken under the provisions of the Public Works Act 1981: And whereas the Board received compensation in respect of the taking of the said land: And whereas the Board is desirous of expending in manner not authorized by law the moneys received as compensation: Be it therefore enacted as follows:—

    (1) Notwithstanding the provisions of section seventy-three of the Hospitals and Charitable Institutions Act 1926, the Board may expend the moneys received by way of compensation as aforesaid (together with any accrued interest from the investment of such moneys) for the purpose of acquiring land to be used as sites for additional hospital accommodation within the Wellington Hospital district or in such other manner as may be approved by the Minister of Health.

    (2) All payments made by the Board before the passing of this Act out of the said moneys are hereby validated.

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

    All that piece or parcel of land situated in the City of Wellington, containing two roods seventeen perches and eighteen-hundredths of a perch, more or less, being part of Section 514, Town of Wellington, and being all the land comprised and described in certificates of title, Volume 46, folio 157, and Volume 401, folio 19, Wellington Registry.

    The Public Works Act 1928 (1928 No 21) was repealed, as from 1 February 1982, by section 248(1) Public Works Act 1981 (1981 No 35).

34 Authorizing diversion of loan-moneys by Wellington Hospital Board
  • Whereas by section forty-eight of the Local Legislation Act 1939, the Wellington Hospital Board (hereinafter called the Board) was authorized and empowered to divert and utilize the moneys representing the Wellington Hospital Centenary Block Loan, 1937-1940, for other purposes subject however to the provisions of the said section: And whereas the Board is desirous of diverting and utilizing such moneys, or part thereof, for further and additional purposes: And whereas the original purposes for which the said loan was raised no longer exist and the Board is desirous that the temporary diversion of such moneys be made permanent: Be it therefore enacted as follows:—

    Section forty-eight of the Local Legislation Act 1939, as amended by section thirty-five of the Local Legislation Act 1941, is hereby further amended as follows:—

    • (a) By adding the following paragraph to subsection one of the said section—

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

    • (b) By omitting from subsection one the words without derogating from the purposes for which the same were raised:

    • (c) By repealing subsection four.

Affecting two or more classes of public bodies.

35 Provision with respect to Waitakere Extra-urban Planning Scheme in the County of Waitemata
  • Whereas pursuant to section twenty-five of the Town Planning Act 1926, the Governor-General, by Order in Council made on the twenty-sixth day of February, nineteen hundred and forty-one, required the Waitemata County Council (hereinafter called the County Council) to prepare an extra-urban planning scheme in respect of the area described in the Schedule to the said Order in Council, being lands adjoining the Waitakere Scenic Drive, in the County of Waitemata: And whereas the said scheme is in course of preparation and will enure to the benefit of the Main Highways Board (hereinafter called the Board) and the City of Auckland as well as of the County of Waitemata and it is expedient that the Board and the Corporation of the Mayor, Councillors, and Citizens of the City of Auckland (hereinafter called the City Corporation) should be empowered to enter into an agreement with the Corporation of the Chairman, Councillors, and Inhabitants of the County of Waitemata (hereinafter called the County Corporation) with respect to the payment of compensation and other expenses likely to arise from the operation of the said scheme: Be it therefore enacted as follows:—

    (1) It shall be lawful for the Board, the City Corporation, and the County Corporation from time to time to enter into an agreement or agreements providing for the payment by the Board and the City Corporation of such amount, and in such proportions as may be agreed upon, of the amount of compensation, including costs, payable under the said Act for land acquired or taken for the purposes of the said scheme or for injurious affection of land arising out of the operation of the said scheme or the claimant's costs payable in terms of section fifty-four of the Statutes Amendment Act 1940, where all or any of the provisions of the said scheme are withdrawn or modified by a varying scheme if such compensation or costs be adjudged payable by a Court of competent jurisdiction or be agreed upon between the claimant and the County Council with the approval of the Board and the Auckland City Council.

    (2) Any such agreement or agreements may provide also for the payment by the Board and the City Corporation of the costs and expenses incurred by the County Corporation in promoting and administering the said scheme.

    (3) Any such agreement or agreements entered into as aforesaid may contain such provisions and conditions as are necessary to give full effect to the intention of this section and to protect to its own satisfaction the interests of each of the parties.

    (4) In pursuance of any obligation incurred by the Board or by the City Corporation in terms of any agreement or agreements entered into under this section, it shall be lawful for the Board, out of the Main Highways Account, and for the Auckland City Council, out of its District Fund Account, to pay such sums as may be necessary.

36 Authorizing Buller County Council and Westport Borough Council to raise special loans for aerodrome purposes
  • Whereas the Buller County Council and the Westport Borough Council (hereinafter referred to as the said Councils) have resolved for the purposes of and incidental to the establishment of an aerodrome at the locality known as Carter's Beach, near Westport, to join with each other in the acquisition of the freehold land more particularly described in subsection five of this section, such land to form, together with other lands adjacent thereto, the site for the said proposed aerodrome: And whereas the said Councils will each require to provide the sum of two thousand dollars towards the purchase of the said land, and it is desirable that each of the said Councils should be authorized to raise its proportion of the purchase-money: Be it therefore enacted as follows:—

    (1) Each of the said Councils is hereby authorized to raise a special loan not exceeding in amount the sum of two thousand dollars under the Local Bodies Loans Act 1926, by special order and without taking the steps prescribed by sections nine to thirteen of that Act, each such loan to be for the purpose of meeting the expenses to the said Councils of and incidental to the joint purchase of the land described in subsection five of this section as part of the site for a proposed aerodrome at the locality known as Carter's Beach, near Westport.

    (2) Any sums borrowed by way of overdraft before or after the passing of this Act by either of the said Councils for the purposes set out in subsection one of this section and not exceeding in each case the sum of two thousand dollars in excess of the limits prescribed by section three of the Local Bodies Finance Act 1921-22, are hereby declared to be lawfully borrowed and owing.

    (3) Any such sums shall not at any time heretofore be deemed to have been taken into account, nor shall any amount lawfully owing under this section hereafter be taken into account in determining the amount that may be borrowed or that may be owed by either of the said Councils pursuant to section three of the Local Bodies Finance Act 1921-22.

    (4) All sums owing by way of overdraft pursuant to the authority of this section shall be repaid out of the loan-moneys authorized by this section to be borrowed.

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

    That piece of freehold land containing one hundred and twenty-five acres and eight perches being part of Section numbered 17 of Block LL, Steeples Survey District, and being part of the land comprised in certificate of title, Volume 82, folio 190, Nelson Land Registry.

    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).

37 Exchange of land between the Wellington City Corporation and the Wellington Harbour Board, and vesting portion of a closed street in the lessees of adjoining land
  • Whereas the Mayor, Councillors, and Citizens of the City of Wellington (hereinafter called the Corporation) and the Wellington Harbour Board (hereinafter called the Board) have agreed to exchange certain pieces of land, hereinafter described, for the purpose of diverting Marine Parade, a street in the City of Wellington: And whereas by reason of such exchange the land so acquired by the Board will lie between certain land leased by the Board and the western line of the new street and will deprive the lessees thereof of their frontage to the said street as now existing: And whereas the Board is desirous that the land proposed to be vested in the Board so far as it lies between the respective lands now leased by the Board as aforesaid and the western line of the new street shall be incorporated in the existing leases as if they had formed part of the land comprised in the said leases from the date of commencement of the said leases: Be it therefore enacted as follows:—

    (1) Those pieces of land, containing respectively one perch and twenty-four hundredths of a perch, three perches and fifty-five hundredths of a perch, two perches and forty-nine hundredths of a perch, and four-tenths of a perch, being part of Section 8, Watts Peninsula Registration District, Block VII, Port Nicholson Survey District, and being the land coloured green on a plan deposited in the office of the Chief Surveyor at Wellington as Number 20808, are hereby closed as street and vested for an estate in fee-simple in the Board.

    (2) That piece of land containing five perches and eighty-six hundredths of a perch, being part of Lot VII on Deposited Plan Number 2755, being part of Section 8, Watts Peninsula District, Block VII, Port Nicholson Survey District, and being part of the land comprised in certificate of title, Volume 445, folio 86 (Wellington Registry), and being the land coloured red on the said Plan Number 20808, is hereby vested in the Corporation as street.

    (3) The pieces of land so vested in the Board shall on the passing of this Act be deemed to form part of Lots 1, 2, 3, and 4 on Deposited Plan Number 2851 as if the boundaries of the said lots had been extended to meet the new western line of Marine Parade, and Leases Registered Numbers 21294, 21118, 21119, and 20335 shall hereafter be read and construed as if the respective pieces of land hereby incorporated in the said Lots 1, 2, 3, and 4 had been included respectively in each of the said leases from the date of commencement of the said leases.

    (4) All dealings registered before new certificates of title are issued affecting the said Lots 1, 2, 3, and 4 shall be deemed to affect the said lots extended as aforesaid.

    (5) The District Land Registrar may call in for correction and correct in accordance with the provisions of this section all instruments of title affecting the said Lots 1, 2, 3, and 4 and affecting the land comprised in certificate of title, Volume 445, folio 86 (Wellington Registry).

    (6) In fixing the rent for any renewal of any of the said leases the land contained therein shall, for valuation purposes, be deemed to include the areas incorporated in the said Lots 1, 2, 3, and 4 by this section.

Miscellaneous.

38 Validating expenditure by Ohai Railway Board
  • Notwithstanding anything to the contrary in the Railway Safety and Corridor Management Act 1992, or the Ohai Railway Board Amendment Act 1938, the expenditure of a sum of one hundred and twenty-five dollars during the financial year ended on the thirty-first day of March, nineteen hundred and forty-two, by the Ohai Railway Board in connection with the celebration of the twenty-fifth anniversary of the constitution of the Ohai Railway District is hereby validated and declared to have been lawfully made.

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

    The Local Railways Act 1914 was repealed, as from 1 April 1993, by section 28(1) Railway Safety and Corridor Management Act 1992 (1992 No 111).

39 Validating transfer of certain funds and assets as between Hawke's Bay Rabbit Board and Southern Hawke's Bay Rabbit Board
  • Whereas by an Order in Council dated the eighth day of November, nineteen hundred and thirty-nine, which came into force on the first day of April, nineteen hundred and forty, the boundaries of the Hawke's Bay Rabbit District were altered and redefined: And whereas by an Order in Council dated the eighth day of November, nineteen hundred and thirty-nine, which came into force on the first day of April, nineteen hundred and forty, the Southern Hawke's Bay Rabbit District was constituted and the boundaries of the area comprised therein were defined and declared a rabbit district: And whereas such area comprised the area excluded from the Hawke's Bay Rabbit District by the first-recited Order in Council: And whereas the Boards of the two districts have entered into an agreement providing for the equitable division of the funds of the Hawke's Bay Rabbit Board as at the first day of April, nineteen hundred and forty, between the two Boards on the basis of the amount of rates struck in the two districts for the year ended on the thirty-first of March, nineteen hundred and forty: And whereas such division was effected pursuant to the said agreement by the transfer of certain assets from the Hawke's Bay Rabbit Board to the Southern Hawke's Bay Rabbit Board and by a cash payment of eighty-one dollars and eighty-three and a third cents: And whereas it is desirable that such transfer and payment be validated and confirmed: Be it therefore enacted as follows:—

    (1) The payment made by the Hawke's Bay Rabbit Board of the sum of eighty-one dollars and eighty-three and a third cents and the transfers made by the Hawke's Bay Rabbit Board to the Southern Hawke's Bay Rabbit Board of the assets described in subsection two of this section are hereby validated and declared to have been lawfully made.

    (2) The assets to which this section relates are as follows: $1,010 New Zealand Government inscribed stock, Inscription No 46/2312; $1,020 New Zealand Government inscribed stock, Inscription No 49/3844; three debentures to bearer of $200 each issued by the Hawke's Bay Electric-power Board and numbered respectively 316, 322, and 323; outstanding rates and judgment costs due from ratepayers in the Southern Hawke's Bay Rabbit District amounting in all to a sum of one hundred and twenty-six dollars and sixty-three and a third cents.

    The references to eighty-one dollars and eighty-three and a third cents, one hundred and twenty-six dollars and sixty-three and a third cents, $1010, $1020, and $200 were substituted, as from 10 July 1967, for references to forty pounds eighteen shillings and fourpence, sixty-three pounds six shillings and fourpence, £505, £510, and £100 pursuant to section 7(1) Decimal Currency Act 1964 (1964 No 27).

40 Abolishing Waotu and Te Aria Rabbit-proof Fencing Districts
  • Whereas by Warrant dated the twenty-second day of December, nineteen hundred and twenty-one, and published in the Gazette of the twenty-second day of the same month, the Governor-General constituted the Waotu Rabbit-proof Fencing District under Part 4 of the Rabbit Nuisance Act 1908: And whereas by Warrant dated the tenth day of January, nineteen hundred and twenty-four, and published in the Gazette of the seventeenth day of the same month, the Te Aria Rabbit-proof Fencing District was similarly constituted: And whereas the said districts enure for the purposes of Part 2 of the Rabbit Nuisance Act 1928, and are deemed to have been constituted thereunder: And whereas all liabilities and assets of the Boards of Trustees established for each of the said districts have been duly discharged and disposed of and it is deemed desirable to abolish the said districts: Be it therefore enacted as follows:—

    The Waotu Rabbit-proof Fencing District and the Te Aria Rabbit-proof Fencing District are hereby abolished and the respective Boards of Trustees thereof are hereby dissolved.