Local Legislation Act 1943

Reprint
as at 1 July 2003

Coat of Arms of New Zealand

Local Legislation Act 1943

Public Act1943 No 17
Date of assent25 August 1943
Commencement25 August 1943

Note

Changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in this reprint.

A general outline of these changes is set out in the notes at the end of this reprint, together with other explanatory material about this reprint.

This Act is administered by the Department of Internal Affairs.


Contents

Title

1 Short Title

County Councils

2 Provision with respect to letting of doctor's residence by Cheviot County Council

3 Further extending period of appointment of Commissioner for County of Matakaoa [Repealed]

4 Validating expenditure by Eltham County Council for cemetery purposes

5 Validating payment by Franklin County Council of increased costs of road construction improvement works

6 Special provision with respect to the transfer of the Little River Town Hall to the Corporation of the Wairewa County

7 Authorising the Southland County Council to waive the payment of a sanitation charge in respect of certain properties

8 Authorising Selwyn County Council to refund certain water charges

9 Transfer of certain land to Mackenzie County Council for public purposes

10 Authorising Waimarino County Council to remit certain rates [Repealed]

City and Borough Councils

11 Authorising the Richmond Borough Council to raise a special loan to improve water supply

12 Extending powers of Richmond Borough Council to contract for water supply

13 Validating proceedings taken by Hamilton Borough Council in connection with the raising of a loan for sewerage and drainage purposes

14 Authorising Westport Borough Council to write off charges incurred by the Westport Returned Soldiers' Association (Incorporated) in respect of the supply of gas and electricity

15 Provision with respect to closing of street in the Borough of Hamilton

16 Authorising payment of compassionate allowance by Palmerston North City Council

17 Authorising the Dunedin City Council to utilise certain moneys towards the reduction of sinking-fund instalments

18 Authorising remission of rates by Gisborne Borough Council

19 Authorising Levin Borough Council to raise additional loan to meet cost of completing extensions and improvements to abattoir

20 Validating the transfer of land by the Thames Borough Council to the Crown for housing purposes

21 Provision with respect to disqualification of member of Eketahuna Borough Council

22 Cancelling the reservation over a certain recreation reserve and vesting it in the Corporation of the City of Invercargill for endowment purposes

Town Boards

23 Validating collection of rates levied by the Clinton Town Board

24 Authorising Normanby Town Board to make annual charges for supply of water

Harbour Board

25 Napier Harbour Board authorised to raise a special loan not exceeding £50,000 for purpose of refunding moneys to Harbour Fund Account

Electric Power Boards

26 Authorising an extension of time for the raising of Poolburn Reticulation Loan, 1938, by Otago Central Electric-power Board

27 Authorising North Auckland Electric-power Board to establish offices outside the district

Affecting 2 or more classes of public bodies

28 Validating agreement made by the Onehunga Borough Council and the Manukau County Council with respect to water supply

29 Authorising sale of certain land by Timaru Harbour Board

30 Authorising certain land transactions between the Corporation of the Borough of Petone and the Petone and Lower Hutt Gas-lighting Board, declaring certain land to be public street, and vesting certain land in the Corporation for recreation purposes

Miscellaneous

31 Provision with respect to disposal of public hall and library at Te One, Chatham Islands

32 Authorising Greytown Town Lands Trustees to dispose of certain land by way of exchange [Repealed]


An Act to confer certain powers on certain public bodies and to validate certain transactions

1 Short Title
  • This Act may be cited as the Local Legislation Act 1943.

County Councils

2 Provision with respect to letting of doctor's residence by Cheviot County Council
  • Whereas the Cheviot County Council (in this section referred to as the Council) is registered as the proprietor of an estate in fee simple in all that parcel of land situated in the Town of Mackenzie, containing by admeasurement 2 roods, more or less, being Sections 14 and 15, Block 28, of the said Town of Mackenzie, and being the whole of the land comprised and described in certificate of title, Volume 365, folio 276, Christchurch Registry:

    And whereas a dwellinghouse has been erected on the said parcel of land by the Council for the purpose of being used as a medical practitioner's residence:

    And whereas on 30 August 1941 the Council granted to the medical practitioner for the time being practising in the Town of Cheviot the right to use and occupy the said land and dwellinghouse free of all rent and other outgoings:

    And whereas doubts have arisen as to the validity of the action of the Council in so doing:

    Be it therefore enacted as follows:

    The action of the Council in granting the use and occupation of the said land and dwellinghouse free of rent and other outgoings as from 30 August 1941 is hereby validated, and the Council is hereby empowered to continue to allow any medical practitioner for the time being practising in the Town of Cheviot to use and occupy the said land and dwellinghouse free of rent and other outgoings until the expiration of 4 years from the termination of the present war or during such shorter period as the Council may think advisable.

3 Further extending period of appointment of Commissioner for County of Matakaoa
  • [Repealed]

    Section 3: repealed, on 12 October 1946, by section 2(2) of the Local Legislation Act 1946 (1946 No 39).

4 Validating expenditure by Eltham County Council for cemetery purposes
  • Whereas during the year ended on 31 March 1943 the Eltham County Council expended the sum of 186 pounds and 1 penny in and towards the maintenance of and improvements to the Ngaire Public Cemetery, which in terms of the Cemeteries Act 1908 is vested in the Mayor, Councillors, and Burgesses of the Borough of Eltham:

    And whereas that expenditure, except as to the sum of 30 pounds, was incurred without lawful authority:

    And whereas it is desirable to validate the action of the Council in incurring that expenditure:

    Be it therefore enacted as follows:

    Notwithstanding anything contained in section 201 of the Counties Act 1920, or in any other Act, the action of the Eltham County Council in expending the said sum of 186 pounds and 1 penny is hereby validated, and the said moneys shall be deemed to have been lawfully expended.

5 Validating payment by Franklin County Council of increased costs of road construction improvement works
  • Whereas the Franklin County Council (in this section referred to as the Council), by contracts made with W. Stevenson and Sons, Limited, a company duly incorporated and having its registered office at Pukekohe (hereinafter called the contractor), engaged the contractor to execute certain works for the reconstruction, metalling, and surfacing of roads under the following contracts—namely, Contract Number 970, Drury–Awhitu Main Highway Number 873 (Paerata–Runciman section), dated 17 June 1938; Contract Number 896, Pukekohe–Bombay Main Highway Number 403, dated 28 February 1939; Contract Number 1007, Papakura–Titi Main Highway Number 464 (Papakura–Kingseat section), dated 16 May 1939; and Contract Number 1005, Drury–Awhitu Main Highway Number 873 (Glenbrook–Waiuku section), dated 20 September 1939:

    And whereas in the execution of the said road works a quantity of road oil in excess of the quantities provided for in the schedules to the said contracts was found necessary for the proper completion of the said road works, and was accordingly procured and applied by the contractor upon the order of the Council:

    And whereas by reason of war conditions the cost of the excess road oil used as aforesaid exceeded by the sum of 555 pounds the cost of the same amount of road oil at the rates specified in the schedules to the said contracts:

    And whereas the Council has paid to the contractor such additional sum of 555 pounds:

    Be it therefore enacted as follows:

    Notwithstanding that the sum so paid was computed at a rate in excess of the rates specified in the said contracts, the said payment is hereby validated and declared to have been lawfully made in all respects as if the same had been made pursuant to and at the rates specified in the schedules to the said contracts.

6 Special provision with respect to the transfer of the Little River Town Hall to the Corporation of the Wairewa County
  • Whereas the Little River Town Hall Company, Limited (in this section referred to as the company), being a company duly incorporated and having its registered office in the Township of Little River, is the lessee under Deed of Lease Number 17289, from His Majesty the King, of all that parcel of land containing 32 perches, more or less, being Lot 11, part Railway Reserve, Little River, the said lease having a term of 21 years from 1 October 1927:

    And whereas the company is desirous of assigning and transferring to the Chairman, Councillors, and Inhabitants of the County of Wairewa (in this section referred to as the Corporation) all its estate and interest in the said land under the said deed of lease, together with all its rights in connection with the Town Hall and all other buildings erected thereon, upon such terms as may be arranged:

    And whereas the majority of the members of the Wairewa County Council (in this section referred to as the Council) are interested as directors or shareholders of the company:

    And whereas it is unlawful for the members of the Council so interested to vote on, or take any part in the discussion upon, the question of the acquisition by the Council of the estate and interest of the company under the said deed of lease and its rights in respect of the Town Hall and other buildings as aforesaid, and accordingly it is not possible to obtain a quorum under section 81 of the Counties Act 1920 for the purpose of considering that question at a meeting of the Council:

    And whereas it is desirable, for the purposes of considering and deciding whether the Council should or should not acquire the estate, interest, and rights of the company as aforesaid, that such of the members of the Council as are not shareholders of the company should be deemed to constitute a quorum:

    Be it therefore enacted as follows:

    Notwithstanding anything contained in section 81 of the Counties Act 1920, such of the members of the Council for the time being as are not interested as shareholders of the company shall be deemed to be a quorum of the Council for the purpose of transacting at any meeting any business in connection with the acquisition of the company's estate, interest, and rights as aforesaid, and in particular for the purpose of considering and (if thought fit) of acquiring on behalf of the Corporation, for such consideration and upon such terms as the Council thinks fit, such estate, interest, and rights.

7 Authorising the Southland County Council to waive the payment of a sanitation charge in respect of certain properties
  • Whereas the Southland County Council (in this section referred to as the Council), by a special order passed on 25 March 1927 and confirmed on 13 May 1927, made and levied, for the purpose of providing for the expenses of the removal of nightsoil in an area in the County of Southland defined by the said special order and therein called the Waikiwi Sanitary Area, a uniform annual charge, in lieu of a separate rate, upon all such properties within the area as have a house or houses erected thereon, and the Council has levied a similar uniform annual charge in each succeeding year:

    And whereas some of the properties within the area now have septic tanks installed thereon:

    And whereas the Council is desirous of relieving ratepayers from liability for the uniform annual charge levied for the financial year ended on 31 March 1943 upon those properties on which septic tanks are installed as aforesaid, and of refunding to the ratepayers who have paid the uniform annual charge for that year in respect of such properties the amounts paid by them:

    Be it therefore enacted as follows:

    The Council is hereby empowered to waive the payment, with respect to any property in the above-mentioned Waikiwi Sanitary Area upon which a septic tank was installed on or before 31 March 1942, of the uniform annual charge payable for the year ended on 31 March 1943 in respect of the removal of nightsoil, and also to refund to any ratepayer who has paid the uniform annual charge for that year in respect of any such property as aforesaid the amount so paid by him.

8 Authorising Selwyn County Council to refund certain water charges
  • Whereas during the 6 years ended on 31 March 1936 the water charges levied by the Selwyn County Council (in this section referred to as the Council) and paid by the late Forbes O'Rorke were assessed on the whole of his property, of which property an area amounting to 1 482 acres and 1 rood, more or less, was not watered with water supplied from the Council's races, and the charges on this area amounted to the sum of 83 pounds 13 shillings and 4 pence:

    And whereas the Council, having in subsequent years refunded the sum of 32 pounds in pursuance of the provisions of subsection (3) of section 129 of the Public Revenues Act 1926, desires to refund the balance of water charges so overpaid:

    Be it therefore enacted as follows:

    The Council is hereby authorised to refund to the trustees of the estate of the late Forbes O'Rorke the sum of 51 pounds 13 shillings and 4 pence.

9 Transfer of certain land to Mackenzie County Council for public purposes
  • (1) It shall be lawful for the Corporation of the County of Mackenzie (in this section referred to as the Corporation) to accept a transfer of all that piece of land situated in the Tengawai Survey District, containing 5 acres and 15 perches, more or less, being part of Lot 9 on Deposited Plan Number 2690, and being part of the land comprised in certificate of title, Volume 173, folio 56, known as the Strathconan Recreation Ground, and to hold the said land subject to the terms of and upon the trusts declared in and by a certain deed of trust dated 17 November 1909 and executed by Anna Jessie McLean, Catherine Julia McLean, and Sydney John Cook, and to exercise all the powers and duties of the trustees and managers as set out in the said deed of trust.

    (2) The executors or administrators of the last-surviving trustee mentioned in the said deed of trust, with the consent of the surviving managers appointed under the said deed, are hereby authorised to execute in favour of the Corporation a transfer of the land described in the last preceding subsection, and the said executors and administrators and the said managers are hereby authorised to assign, transfer, and hand over to the Corporation all moneys and other assets held by them in trust in connection with the said Strathconan Recreation Ground, after deducting from those moneys all expenses of and incidental to the transfer, the said moneys and other assets to be used by the Corporation for the purposes set out in the said deed of trust.

10 Authorising Waimarino County Council to remit certain rates
  • [Repealed]

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

City and Borough Councils

11 Authorising the Richmond Borough Council to raise a special loan to improve water supply
  • Whereas the Richmond Borough Council (in this section referred to as the Council) was, by a poll of the ratepayers of the borough taken on 12 March 1942, authorised to raise a special loan under the Local Bodies' Loans Act 1926 of 9,000 pounds for the purpose of constructing a pipeline from Poorman's Valley Road, Stoke, to connect the present borough water supply system with the Roding River waterworks constructed by the Nelson City Council under the Nelson Waterworks Extension Act 1935:

    And whereas no portion of the special loan has been raised:

    And whereas by reason of increased costs the sum of 9,000 pounds will not be sufficient to enable the Council to complete the work for which the said loan was authorised:

    Be it therefore enacted as follows:

    For the purpose of meeting the additional costs of constructing the said pipeline the Council is hereby authorised to borrow an amount or amounts not exceeding in the aggregate a sum of 2,250 pounds by way of special loan under the Local Bodies' Loans Act 1926 by special order and without taking the steps prescribed by sections 9 to 13 of that Act.

12 Extending powers of Richmond Borough Council to contract for water supply
  • (1) Notwithstanding anything to the contrary in section 256 of the Municipal Corporations Act 1933, or in any other Act, the Richmond Borough Council may contract, for any period not exceeding 21 years at one time, with the Nelson City Council as owners of waterworks constructed under the powers conferred by the Nelson Waterworks Extension Act 1935, for the supply of water from such waterworks to the Borough of Richmond, without the period of any such contract being previously approved by a poll of electors.

    (2) While any such contract is in force the provisions of subsection (3) of section 253 of the Municipal Corporations Act 1933 shall not apply with respect to the supply of water in terms of the contract.

13 Validating proceedings taken by Hamilton Borough Council in connection with the raising of a loan for sewerage and drainage purposes
  • Whereas the Hamilton Borough Council (in this section referred to as the Council) was authorised by Order in Council made on 8 July 1942 pursuant to section 11 of the Local Government Loans Board Act 1926 to raise a loan of 10,000 pounds, to be known as the Sewer and Drainage Loan, 1942 (in this section referred to as the said loan), for the purpose of providing drainage and sewerage works and works for the disposal of sewage for the Borough of Hamilton:

    And whereas in pursuance of that authority the Council issued 59 debentures for the sum of 270 pounds 10 shillings and 8 pence each, and 1 debenture for the sum of 200 pounds 10 shillings and 8 pence, providing for the repayment of the said loan and interest thereon by instalments as prescribed by the Order in Council:

    And whereas no resolution to raise the said loan upon the terms contained in the Order in Council was passed by the Council, and no resolution pledging the special rate previously made and levied by the Council as security for the said loan was passed by the Council, and no resolution authorising the execution of the said debentures was passed by the Council:

    And whereas doubts have arisen as to whether the said loan was lawfully raised, and as to whether the said debentures were lawfully executed and issued, and as to whether the said special rate has been lawfully pledged as security for the said loan:

    And whereas it is expedient that the raising of the said loan and the debentures issued in respect thereof and the security therefor should be validated:

    Be it therefore enacted as follows:

    (1) The raising of the said loan is hereby validated and the debentures issued in respect thereof shall be deemed to have been lawfully executed and issued by the Council.

    (2) The special rate mentioned in the said debentures shall be deemed to have been lawfully appropriated and pledged by the Council as security for the said loan.

14 Authorising Westport Borough Council to write off charges incurred by the Westport Returned Soldiers' Association (Incorporated) in respect of the supply of gas and electricity
  • Whereas there remain as debit entries in the records or books of account of the Westport Borough Council (in this section referred to as the Council) the sum of 101 pounds 15 shillings and 10 pence in respect of gas, and the sum of 178 pounds 3 shillings and 5 pence in respect of electricity, intended by the Council to have been supplied by the Council gratuitously to the Westport Returned Soldiers' Association (Incorporated) prior to 1942:

    And whereas the Council desires to remit and write off from its books of account the said debit entries:

    Be it therefore enacted as follows:

    It shall be lawful for the Council to remit and write off from its books of account and records the respective debit entries of 101 pounds 15 shillings and 10 pence in respect of gas, and of 178 pounds 3 shillings and 5 pence in respect of electricity, supplied by the Council to the Westport Returned Soldiers' Association (Incorporated) prior to 1942.

15 Provision with respect to closing of street in the Borough of Hamilton
  • Whereas Jellicoe Drive, being a street situated in the Town of Hamilton East, is vested in the Corporation of the Mayor, Councillors, and Burgesses of the Borough of Hamilton:

    And whereas the said Jellicoe Drive is a street along the bank of the Waikato River:

    And whereas it is desirable that those portions of Jellicoe Drive shown coloured green on a plan deposited in the office of the Minister of Works at Wellington as Number 115211, and containing respectively 9 perches and seven-tenths of a perch, more or less, and 36 perches, more or less, should be stopped:

    And whereas the remainder of the said Jellicoe Drive is more than 200 links in width:

    Be it therefore enacted as follows:

    Notwithstanding anything contained in paragraph (h) of subsection (4) of section 175 of the Municipal Corporations Act 1933, the Hamilton Borough Council may, in the manner and upon the conditions set out in Schedule 5 of that Act, stop those portions of Jellicoe Drive in the Town of Hamilton East shown coloured green on a plan deposited in the office of the Minister of Works at Wellington as Number 115211 and containing respectively 9 perches and seven-tenths of a perch, more or less, and 36 perches, more or less.

16 Authorising payment of compassionate allowance by Palmerston North City Council
  • The Palmerston North City Council may, out of its General Account, pay to George John Franklin, of Palmerston North, labourer, an employee of the said Council, the sum of 100 pounds by way of compassionate allowance in respect of an injury suffered by the said George John Franklin during the course of his employment with the said Council in or about 1935.

17 Authorising the Dunedin City Council to utilise certain moneys towards the reduction of sinking-fund instalments
  • Whereas there was created in terms of subclause (1) of clause 20 of the Dunedin City Loans Conversion Order 1934 (in this section referred to as the said Order) a consolidated sinking fund to provide funds for the repayment of new securities issued pursuant to the provisions of the said Order:

    And whereas there was transferred to the Commissioners of the consolidated sinking fund in terms of subclause (c) of clause 23 of the said Order the sum of 41,918 pounds (in this section referred to as the said sum):

    And whereas subclause (2) of clause 20 of the said Order provides that the Dunedin City Council (in this section referred to as the Council) shall permanently appropriate and shall pay to the Commissioners of the consolidated sinking fund on each 1 April following the conversion date up to and including 1 April 1958 a contribution of 41,284 pounds, increased in respect of each contribution by a sum equal to 4% of the aggregate amount of new securities redeemable up to and including the 1 April preceding the date on which such contribution is payable:

    And whereas such payments will provide for the repayment in full of the new securities issued under the said Order:

    And whereas in determining the amount to be permanently appropriated under the provisions of subclause (2) of clause 20 of the said Order the said sum of 41,918 pounds was not taken into account:

    And whereas the said sum, together with accumulations of interest thereon, had increased to the sum of 54,223 pounds 11 shillings and 3 pence at 31 March 1942:

    And whereas it is desirable that on 1 April in each year a portion of the past and future income from the investment of the said sum should be made available in reduction of the annual amount payable by the Council under the said Order, and that the amount so payable on 1 April 1944 should in like manner be further reduced in order to refund to the Council, in respect of the amounts so paid by the Council on 1 April 1942, and 1 April 1943, respectively, the sums that would then have been deducted from the amounts so paid if such portions of income as aforesaid had been made available for that purpose:

    Be it therefore enacted as follows:

    Notwithstanding anything contained in the said Order, the sum payable by the Council to the Dunedin City Sinking Fund Commissioners in terms of subclause (2) of clause 20 of the said Order on 1 April 1944 may be reduced by the sum of 7,452 pounds, and the sum so payable on every 1 April thereafter may be reduced by the sum of 2,484 pounds.

18 Authorising remission of rates by Gisborne Borough Council
  • Whereas the Gisborne Borough Council (in this section referred to as the Council) is desirous of obtaining authority to remit arrears of rates for the year ended on 31 March 1943, amounting to 42 pounds 15 shillings, being the rates levied by the Council and 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 1 rood and 36 perches, more or less, 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 authorised to remit the sum of 42 pounds 15 shillings, being the total amount of the said rates, and to absolve the said association and the said lands from liability in respect thereof.

19 Authorising Levin Borough Council to raise additional loan to meet cost of completing extensions and improvements to abattoir
  • Whereas the Levin Borough Council (in this section referred to as the Council) has raised the sum of 7,645 pounds, by way of special loan known as the Levin Borough Municipal Abattoir Extension Loan, 1939, for the purpose of making extensions and improvements to the Levin Municipal Abattoir:

    And whereas the sum so raised was insufficient to pay for the cost of making such extensions and improvements:

    And whereas the Council has partly paid for the making of such extensions and improvements out of its General Account:

    And whereas, in order to reimburse to the Council's General Account the amount expended on making such extensions and improvements and to pay for the cost of the completion thereof, it is expedient that the Council be empowered to raise by way of further loan a sum not exceeding 3,450 pounds:

    Be it therefore enacted as follows:

    (1) The Council may for the purpose of meeting the cost of making the said extensions and improvements to the Levin Municipal Abattoir borrow a further amount not exceeding the sum of 3,450 pounds, by way of special loan under the Local Bodies' Loans Act 1926, by special order, and without taking the steps prescribed by sections 9 to 13 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 making such extensions and improvements to the Levin Municipal Abattoir.

20 Validating the transfer of land by the Thames Borough Council to the Crown for housing purposes
  • Whereas the Thames Borough Council (in this section referred to as the Council) was seized of an estate in fee simple in the land hereinafter described:

    And whereas the Council has transferred the land without consideration to the Crown for the purposes of the Housing Act 1919 and the Crown has entered into possession of the land:

    And whereas the transfer was made without lawful authority:

    Be it therefore enacted as follows:

    (1) The transfer made by the Council, without consideration, of the land hereinafter described shall be deemed to have been lawfully made.

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

    All that area in the Borough of Thames, containing by admeasurement 1 acre 3 roods 27 perches and two-tenths of a perch, more or less, being Allotments 66, 67, 68, 70, and 72, and parts of Allotments 65 and 69, Kauaeranga S No 28B Block, and Allotment 75 and part of Allotment 74, Whakaruahi Block.

21 Provision with respect to disqualification of member of Eketahuna Borough Council
  • Whereas the Eketahuna Borough Council (in this section referred to as the Council) during the financial year ended on 31 March 1943 contracted to pay and did pay to the Mayor of the Borough of Eketahuna (in this section referred to as the Mayor) sums amounting in the aggregate to 27 pounds 14 shillings, which amount exceeded by the sum of 2 pounds 14 shillings the amount that might lawfully be paid in any financial year, under the provisions of the Local Authorities (Members' Contracts) Act 1934, to the Mayor in respect of any contracts made with him by the Council:

    And whereas the greater part of the moneys so contracted to be paid to the Mayor were payable in respect of urgent work done for the Council by the Mayor under emergency conditions arising out of the severe earthquake which occurred in the Borough of Eketahuna on 24 June 1942:

    Be it therefore enacted as follows:

    Notwithstanding anything contained in the Local Authorities (Members' Contracts) Act 1934, or in any other Act, the payment by the Council to the Mayor during the financial year ended on 31 March 1943, of sums of money amounting in the aggregate to 27 pounds 14 shillings, is hereby validated and declared to have been lawfully made, and the Mayor shall not be deemed to have been disqualified for continuing to hold office as Mayor by reason of his being concerned or interested in the contracts in respect of which the said sums were paid, nor shall he be deemed to have committed any offence by reason of having done any act as Mayor while concerned or interested in the said contracts.

22 Cancelling the reservation over a certain recreation reserve and vesting it in the Corporation of the City of Invercargill for endowment purposes
  • Whereas the land described in subsection (3) is vested in the Corporation of the City of Invercargill (in this section referred to as the Corporation) in trust as a recreation reserve for the inhabitants of the City of Invercargill, but by reason of the reclamation and the setting apart of adjacent lands as a site for the storage of dangerous goods it is now not suitable for a recreation reserve and is no longer required for that purpose:

    And whereas other more suitable lands have been acquired by the Corporation and set aside as recreation reserves:

    And whereas it is expedient to change the purpose of the reservation over the said land:

    Be it therefore enacted as follows:

    (1) The reservation as a recreation reserve of the land described in subsection (3) is hereby cancelled and the said land is hereby declared to be vested in the Corporation as an endowment for the benefit of the City of Invercargill freed and discharged from all trusts heretofore affecting the land.

    (2) The District Land Registrar for the Land Registration District of Southland is hereby directed and empowered to call in and endorse such titles, to make such entries in the Register, and generally to do all such things as may be necessary to give effect to the provisions of this section.

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

    All that parcel of land in the Southland Land District, containing by admeasurement 19 acres 3 roods and 1 perch, more or less, being Lot 11 and part Lot 14, DP 2320, Southland Land Registry, and being part of Section 10, Block III, Invercargill Hundred, and part of Block LXXVII, Town of Invercargill, and bounded as follows: Commencing at the intersection of the northern side of Spey Street and the north-eastern side of Bond Street, and proceeding in a north-westerly direction along the said north-eastern side of Bond Street, for 145 links, to the southernmost corner of Lot 9, DP 2320 aforesaid; thence in a northerly direction along the eastern boundaries of the said Lot 9 and Lots 8, 7, 6, and 5, DP 2320 aforesaid, for 915 links, to the north-eastern corner of the last-mentioned lot; thence in a westerly direction along the northern boundary of the aforesaid Lot 5, Bond Street, and Lot 4, DP 2320 aforesaid, for 425.92 links, to the north-western corner of the last-mentioned lot; thence in a north-easterly direction on a bearing of 5°05′, for 1 062 links, to the southern side of a public street; thence in an easterly direction along the said southern side of the public street, for 1 220.85 links, to the western side of the Invercargill–Kingston Railway Reserve; thence in a south-easterly, south-westerly, again south-easterly, north-easterly, and again south-easterly direction along the south-western, north-western, south-western, south-eastern, and south-western boundaries of the said Invercargill–Kingston Railway Reserve, for 367.71 links, 100 links, 550 links, 100 links, and 312.65 links respectively, to the north-eastern corner of the Gasworks Reserve, being other part of Block LXXVII; thence in a westerly and southerly direction along the northern and western boundaries of the said Gasworks Reserve, for 472.67 links and 878.09 links respectively, to the northern side of Spey Street; thence in a westerly direction along the said northern side of Spey Street, for 458.38 links, to the commencing point: be all the aforesaid linkages a little more or less.

Town Boards

23 Validating collection of rates levied by the Clinton Town Board
  • Notwithstanding that the Clinton Town Board (in this section referred to as the Board) has not fulfilled, in respect of the rates heretofore demanded by it for the year ended on 31 March 1942, all the requirements of the Rating Act 1925 or of any other Act relating to the making and levying of rates, all rates demanded by the Board for that year shall be deemed to have been lawfully made, levied, and demanded, and any subsidy that would have been payable to the Board in respect of rates collected by the Board for that year if those rates had in fact been lawfully made and levied shall be payable accordingly.

24 Authorising Normanby Town Board to make annual charges for supply of water
  • Whereas the Normanby Town Board (in this section referred to as the Board) is desirous of providing a water supply in its district, and for that purpose has purchased certain lands and sunk certain wells and installed certain pumps and equipment:

    And whereas, owing to war conditions, the Board has been prevented from completing the aforesaid works:

    And whereas, by agreement with the Board, certain persons in the district have at their own cost installed connections with the said wells and are drawing water therefrom, and are paying to the Board certain annual charges in respect thereof:

    And whereas the Board has no power to make such charges:

    And whereas it is desirable that the Board be authorised to permit persons in the district to draw water from the said wells and be authorised to make such annual charges as may be agreed upon between the Board and such persons:

    Be it therefore enacted as follows:

    (1) Notwithstanding anything contained in the Town Boards Act 1908, or in any other Act, the arrangements heretofore entered into by the Board with certain persons relating to the drawing of water from the Board's wells and to the payment of certain annual charges in respect thereof are hereby validated.

    (2) The Board may, upon such terms and conditions as it thinks fit, permit any person owning or occupying property in the Normanby Town District to draw water from the Board's wells.

    (3) The authority conferred on the Board by this section shall cease and determine on 31 March next following the completion of the installation of the Board's water supply.

Harbour Board

25 Napier Harbour Board authorised to raise a special loan not exceeding £50,000 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 460,000 pounds:

    And whereas the Board has raised the sum of 460,000 pounds and has applied the same in and about the construction and carrying out of the works referred to in the Schedule of 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 24 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 50,000 pounds 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 authorised, subject to the provisions of the Harbours Act 1923, to raise by special resolution, and without taking the steps prescribed by sections 9 to 13 of the Local Bodies' Loans Act 1926, a special loan of 50,000 pounds, 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 authorised 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 50,000 pounds, borrow and owe by way of excess overdraft a sum not exceeding 50,000 pounds, 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 50,000 pounds is not raised before 30 September 1945, the Board shall repay the amount of such excess overdraft not later than 30 September 1951 and shall in the meantime repay in each financial year commencing in the year ending on 30 September 1945, 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 24 of the Local Legislation Act 1942 and that section is hereby consequentially repealed.

Electric Power Boards

26 Authorising an extension of time for the raising of Poolburn Reticulation Loan, 1938, by Otago Central Electric-power Board
  • Whereas the Otago Central Electric-power Board (in this section referred to as the Board), by a poll of ratepayers on 25 March 1938, was authorised to proceed with the raising of a loan of 10,000 pounds, to be known as the Poolburn Reticulation Loan, 1938, for the purpose of erecting a transmission line to the area in the Poolburn District added to the Otago Central Electric-power District by Proclamation dated 14 September 1937 and published in the Gazette of 16 September 1937, and for the reticulation of that area:

    And whereas before the Board proceeded to raise the said loan war broke out, and in view of the necessity to conserve materials for national works the said reticulation works could not be carried out:

    And whereas, pursuant to section 16 of the Local Bodies' Loans Act 1926, the authority to raise the said loan lapsed on 25 March 1943:

    And whereas it is desirable to extend the said authority for a further period of 5 years from the said 25 March 1943:

    Be it therefore enacted as follows:

    The authority granted to the Board by the ratepayers at the said poll held on 25 March 1938 is hereby extended for a term of 5 years from 25 March 1943.

27 Authorising North Auckland Electric-power Board to establish offices outside the district
  • Whereas it is provided by section 47 of the Electric-power Boards Act 1925 that an Electric Power Board may provide public offices within the electric power district:

    And whereas it is expedient that public offices of the North Auckland Electric-power Board be established within the Borough of Whangarei, which is not within the boundaries of the Board's district:

    Be it therefore enacted as follows:

    Notwithstanding anything to the contrary in section 47 of the Electric-power Boards Act 1925, the North Auckland Electric-power Board is hereby authorised to establish a branch office, depot, and store within the Borough of Whangarei, and for that purpose shall have all the powers conferred upon Electric Power Boards by the said section 47 as if the said branch office, depot, and store were public offices within the Board's district.

Affecting 2 or more classes of public bodies

28 Validating agreement made by the Onehunga Borough Council and the Manukau County Council with respect to water supply
  • Whereas the Onehunga Borough Council (in this section referred to as the Borough Council) and the Manukau County Council (in this section referred to as the County Council) entered into an agreement dated 27 April 1943, of which a certified copy is recorded in the Department of Internal Affairs at Wellington under Number IA 105/286, whereby the Borough Council agreed to supply and the County Council agreed to take a supply of water upon the terms and conditions therein set out:

    And whereas it is desirable to validate the said agreement:

    Be it therefore enacted as follows:

    Notwithstanding anything contained in the Municipal Corporations Act 1933, the Counties Act 1920, or any other Act, the Borough Council and the County Council shall be deemed to have had power to enter into the said agreement, which shall be binding on the parties thereto and shall for all purposes have effect according to its tenor.

29 Authorising sale of certain land by Timaru Harbour Board
  • Whereas the Timaru Harbour Board (in this section referred to as the Board) is possessed, for harbour purposes, of an estate in fee simple in the land hereinafter described:

    And whereas the Timaru Borough Council (in this section referred to as the Council) desires to purchase the said land for the purposes of pleasure grounds or gardens or for any other purposes of enjoyment or recreation, and the Board desires to sell the said land to the Council for the sum of 1 pound, upon and subject to the terms and conditions set out in an agreement made between the Board and the Council and dated 12 July 1943, including the reservation to the Board of the right to use the tramway now constructed on the said land for so long as the Board shall so desire, and to quarry for and take away stone from the said land, and to construct any additional sidings or lay any additional rails thereon, and to deposit spoil thereon:

    And whereas the Board has no power to sell the said land:

    Be it therefore enacted as follows:

    (1) Notwithstanding anything contained in any Act, the said agreement is hereby validated and declared to have been lawfully made, and the Board is hereby empowered, in consideration of the payment of the sum of 1 pound, and in pursuance of the said agreement, to sell and transfer to the Council the land hereinafter described, free of reservations and encumbrances other than—

    • (a) the easement over part of the said land created by Conveyance Registered Number 19370;

    • (b) the right of the Board as aforesaid to use, repair, and maintain for harbour purposes the tramway now constructed on the said land, so long as the Board shall so desire;

    • (c) the right of the Board as aforesaid to quarry for and take away stone from the said land, and to construct any additional sidings or lay any additional rails thereon; and

    • (d) the right of the Board as aforesaid to deposit spoil thereon.

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

    All that piece of land situated in Block X of the Arowhenua Survey District, containing 14 acres 1 rood 11 perches and five-tenths of a perch, more or less, being Lots 1, 4, and 5 on a plan deposited in the Land Registry Office at Christchurch as Number 6369, and Lots 1 and 4 on a plan deposited as aforesaid of parts of Rural Sections 6582 and 7024, and being the whole of the land comprised and described in certificate of title, Volume 462, folio 233, Canterbury Registry, subject to the easement over parts of the above-described land created by Conveyance Registered Number 19370.

30 Authorising certain land transactions between the Corporation of the Borough of Petone and the Petone and Lower Hutt Gas-lighting Board, declaring certain land to be public street, and vesting certain land in the Corporation for recreation purposes
  • Whereas by section 20 of the Petone and Lower Hutt Gas-lighting Act 1922 the land described in the Schedule of that Act was vested in the Petone and Lower Hutt Gas-lighting Board (in this section referred to as the Board):

    And whereas some time since it was agreed between the Petone Borough Council (in this section referred to as the Council) and the Board that certain other land adjoining the land vested in the Board by the said Act, and being the property of the Corporation of the Mayor, Councillors, and Burgesses of the Borough of Petone (in this section referred to as the Corporation), should be exchanged for part of the land so vested in the Board, but no memoranda of transfer have been executed in pursuance of the said agreement:

    And whereas the Council has lately agreed to sell back to the Board the land agreed as aforesaid to be acquired on behalf of the Corporation:

    And whereas the Board desires to acquire for its own purposes certain other land, the property of the Corporation:

    And whereas parts of such last-mentioned land, and part of the land agreed to be exchanged by the Council in pursuance of the said agreement, are held by the Corporation for recreation purposes, but are not required and are unsuitable therefor:

    And whereas certain parts of the land vested in the Board by the said Act have been laid out as public streets, and in fact form parts respectively of the public streets known as Udy Street and Bouverie Street, in the Borough of Petone:

    And whereas the laying out of the part of the land so vested in the Board that forms part of Udy Street as aforesaid has severed another part of the land so vested in the Board, and the part so severed is contiguous to certain other land held by the Corporation for recreation purposes, and is of small value and useless to the Board, and the Board has agreed to transfer the part so severed to the Corporation:

    And whereas it is expedient to authorise and validate the transactions hereinbefore mentioned, and to declare to be public street the land so laid out as aforesaid, and to declare that so long as the land described in subsection (7) remains vested in the Board the existing division of the last-mentioned land shall be deemed not to be a subdivision within the meaning of section 128 of the Public Works Act 1928:

    And whereas the Council desires to lay out as part of Udy Street aforesaid certain other land, being part of another area held by the Corporation for recreation purposes, and it is expedient that such land should be so laid out:

    And whereas the Council and the Board have caused to be prepared, and have lodged for deposit in the Land Registry Office at Wellington, under Number 12629, a plan (in this section referred to as the deposited plan) of the several pieces of land hereinbefore mentioned:

    Be it therefore enacted as follows:

    (1) Notwithstanding anything contained in any Act, the Council may sell to the Board, at such price and upon such terms and conditions as to payment and otherwise in all respects as may be agreed upon between the Council and the Board, all or any of the following pieces of land:

    • (a) all that piece of land containing 1 rood 17 perches and eighty-four hundredths of a perch, more or less, being Lot 3 on the deposited plan:

    • (b) all that piece of land containing 34 perches and fifty-two hundredths of a perch, more or less, being Lot 6 on the deposited plan:

    • (c) all that piece of land containing 1 rood 38 perches and six-tenths of a perch, more or less, being Lot 7 on the deposited plan.

    (2) The proceeds of the sale of the lands referred to in paragraphs (a) and (b) of the last preceding subsection may be paid into the general account of the Council, and may be applied to such purpose or purposes as the Council thinks fit. The proceeds of the sale of the land referred to in paragraph (c) of the last preceding subsection shall be applied in or towards the purchase of other lands to be held for recreation purposes.

    (3) The land described in paragraph (a) of subsection (1) shall, until the sale thereof to the Board is completed, be deemed to be the property of the Corporation, and at any time before the Board fulfils, observes, and performs all such terms of the contract of sale as are to be fulfilled, observed, or performed by the Board, the Board shall, if so requested by the Council, and at the Council's expense, execute and deliver to the Council a valid and registrable memorandum of transfer of that land to the Corporation.

    (4) The Council shall transfer to the Board such part of Lot 5 on the deposited plan as lies to the north-east of the south-western boundary of Lot 2 on Deposited Plan Number 890.

    (5) As from the passing of this Act the following pieces of land shall be deemed to be public street and to form part of the public street in the Borough of Petone known as Udy Street:

    • (a) all that piece of land containing 32 perches and eighteen-hundredths of a perch, more or less, being Lot 4 on the deposited plan:

    • (b) all that piece of land containing 2 acres 1 rood 35 perches and thirty-five hundredths of a perch, more or less, being Lot 8 on the deposited plan.

    (6) As from the passing of this Act, that piece of land containing 2 perches and ninety-one hundredths of a perch, more or less, being Lot 1 on the deposited plan, shall be deemed to be public street and to form part of the public street in the Borough of Petone known as Bouverie Street.

    (7) For the purposes of the transactions referred to in this section, and so long as Lots 2 and 3 on the deposited plan remain vested in the Board, the existing division of the land fronting the eastern side of Bouverie Street shall be deemed not to be a subdivision for the purposes of sale within the meaning of section 128 of the Public Works Act 1928.

    (8) The Board may transfer to the Corporation that piece of land containing one-fifth of a perch, more or less, being Lot 9 on the deposited plan.

    (9) Upon the transfer to the Corporation of the said Lot 9, pursuant to the last preceding subsection, the said Lot 9 shall be held by the Corporation for recreation purposes:

    provided that inasmuch as the said Lot 9 abuts upon certain land now used by the Corporation for recreation purposes, the said Lot 9 shall be capable of being dealt with and disposed of in all respects as if it had been acquired by the Corporation at the same time and in the same manner and together with the land upon which it abuts as aforesaid.

    (10) Neither the Council nor the Board, nor any member or officer of the Council or of the Board, shall be liable to any action or penalty, whether at the suit of the Crown or any subject, in respect of any act or omission heretofore done or made, and which would have been lawful when done or made if this Act had then been in force.

Miscellaneous

31 Provision with respect to disposal of public hall and library at Te One, Chatham Islands
  • Whereas the Chatham Island Institute (in this section referred to as the Institute), being incorporated under the Libraries and Mechanics' Institute Act 1908 for the purpose of establishing a public hall and library at Te One in the Chatham Islands, erected for that purpose a building (in this section referred to as the Institute building) on certain land (in this section referred to as the Institute land) belonging to the Institute:

    And whereas, out of moneys raised by public subscription, there has recently been erected at Te One a public hall known as the Hall of Memories:

    And whereas there has also been erected at Waitangi, in the Chatham Islands, as a centennial memorial for the purposes of the New Zealand Centennial Act 1938, a public hall known as the Centennial Memorial Hall:

    And whereas the Institute building is no longer used or likely to be required as a public hall or as a library:

    And whereas, pursuant to the rules of the Institute, governors were from time to time elected for the purpose of controlling and managing the affairs of the Institute, but no governors have been elected for many years:

    And whereas it is expedient that the institute land be transferred to the trustees of the Hall of Memories at Te One, and that the Institute building be sold, and that provision be made for the disposal of the proceeds of the sale of the Institute building:

    Be it therefore enacted as follows:

    (1) The surviving governors of the Institute are hereby authorised and directed—

    • (a) to transfer as soon as practicable to the trustees for the time being of the Centennial Memorial Hall at Waitangi, without the payment of any moneys or the giving of any other consideration by those trustees, all books and other literary matter belonging to the Institute;

    • (b) to sell the Institute building by public auction or public tender; and

    • (c) to transfer the Institute land, freed and discharged from all trusts then affecting that land, to the trustees for the time being of the Hall of Memories at Te One, without the payment of any moneys or the giving of any other consideration by those trustees.

    (2) The net proceeds of the sale of the Institute building shall be applied by the governors in the following manner, that is to say:

    • (a) firstly, in paying and discharging all debts and liabilities of the Institute at the date of the completion of the transactions referred to in the last preceding subsection:

    • (b) secondly, in payment of two-thirds of the residue thereof to the trustees for the time being of the Hall of Memories at Te One, and of the remaining one-third of that residue to the trustees for the time being of the Centennial Memorial Hall at Waitangi.

    (3) Upon compliance by the surviving governors of the Institute with all the requirements of this section the Institute shall be deemed to be dissolved.

32 Authorising Greytown Town Lands Trustees to dispose of certain land by way of exchange
  • [Repealed]

    Section 32: repealed, on 19 October 1956, by section 39 of the Greytown Trust Lands Act 1956 (1956 No 5 (L)).


Contents

  • 1General

  • 2Status of reprints

  • 3How reprints are prepared

  • 4Changes made under section 17C of the Acts and Regulations Publication Act 1989

  • 5List of amendments incorporated in this reprint (most recent first)


Notes
1 General
  • This is a reprint of the Local Legislation Act 1943. The reprint incorporates all the amendments to the Act as at 1 July 2003, as specified in the list of amendments at the end of these notes.

    Relevant provisions of any amending enactments that contain transitional, savings, or application provisions that cannot be compiled in the reprint are also included, after the principal enactment, in chronological order. For more information, see http://www.pco.parliament.govt.nz/reprints/ .

2 Status of reprints
  • Under section 16D of the Acts and Regulations Publication Act 1989, reprints are presumed to correctly state, as at the date of the reprint, the law enacted by the principal enactment and by the amendments to that enactment. This presumption applies even though editorial changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in the reprint.

    This presumption may be rebutted by producing the official volumes of statutes or statutory regulations in which the principal enactment and its amendments are contained.

3 How reprints are prepared
  • A number of editorial conventions are followed in the preparation of reprints. For example, the enacting words are not included in Acts, and provisions that are repealed or revoked are omitted. For a detailed list of the editorial conventions, see http://www.pco.parliament.govt.nz/editorial-conventions/ or Part 8 of the Tables of New Zealand Acts and Ordinances and Statutory Regulations and Deemed Regulations in Force.

4 Changes made under section 17C of the Acts and Regulations Publication Act 1989
  • Section 17C of the Acts and Regulations Publication Act 1989 authorises the making of editorial changes in a reprint as set out in sections 17D and 17E of that Act so that, to the extent permitted, the format and style of the reprinted enactment is consistent with current legislative drafting practice. Changes that would alter the effect of the legislation are not permitted.

    A new format of legislation was introduced on 1 January 2000. Changes to legislative drafting style have also been made since 1997, and are ongoing. To the extent permitted by section 17C of the Acts and Regulations Publication Act 1989, all legislation reprinted after 1 January 2000 is in the new format for legislation and reflects current drafting practice at the time of the reprint.

    In outline, the editorial changes made in reprints under the authority of section 17C of the Acts and Regulations Publication Act 1989 are set out below, and they have been applied, where relevant, in the preparation of this reprint:

    • omission of unnecessary referential words (such as of this section and of this Act)

    • typeface and type size (Times Roman, generally in 11.5 point)

    • layout of provisions, including:

      • indentation

      • position of section headings (eg, the number and heading now appear above the section)

    • format of definitions (eg, the defined term now appears in bold type, without quotation marks)

    • format of dates (eg, a date formerly expressed as the 1st day of January 1999 is now expressed as 1 January 1999)

    • position of the date of assent (it now appears on the front page of each Act)

    • punctuation (eg, colons are not used after definitions)

    • Parts numbered with roman numerals are replaced with arabic numerals, and all cross-references are changed accordingly

    • case and appearance of letters and words, including:

      • format of headings (eg, headings where each word formerly appeared with an initial capital letter followed by small capital letters are amended so that the heading appears in bold, with only the first word (and any proper nouns) appearing with an initial capital letter)

      • small capital letters in section and subsection references are now capital letters

    • schedules are renumbered (eg, Schedule 1 replaces First Schedule), and all cross-references are changed accordingly

    • running heads (the information that appears at the top of each page)

    • format of two-column schedules of consequential amendments, and schedules of repeals (eg, they are rearranged into alphabetical order, rather than chronological).

5 List of amendments incorporated in this reprint (most recent first)
  • Local Government (Rating) Act 2002 (2002 No 6): section 138(1)

    Greytown Trust Lands Act 1956 (1956 No 5 (L)): section 39

    Local Legislation Act 1946 (1946 No 39): section 2(2)