Statutes Amendment Act 1943

  • repealed
  • Statutes Amendment Act 1943: repealed, on 3 June 2017, by section 3(1) of the Statutes Repeal Act 2017 (2017 No 23).

Reprint as at 3 June 2017

Statutes Amendment Act 1943

Public Act
 
1943 No 20
Date of assent
 
26 August 1943
 

Statutes Amendment Act 1943: repealed, on 3 June 2017, by section 3(1) of the Statutes Repeal Act 2017 (2017 No 23).

Note

Changes authorised by subpart 2 of Part 2 of the Legislation Act 2012 have been made in this eprint. See the notes at the end of this eprint for further details.

An Act to amend certain enactments of the Parliament of New Zealand

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 Statutes Amendment Act 1943.

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[Repealed]
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[Repealed]
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[Repealed]

Chattels transfer

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[Repealed]
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[Repealed]
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[Repealed]
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[Repealed]
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[Repealed]
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[Repealed]
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[Repealed]
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[Repealed]
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[Repealed]
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[Repealed]
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[Repealed]
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[Repealed]
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[Repealed]
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[Repealed]
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[Repealed]
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[Repealed]

Mortgagors and lessees rehabilitation

21 Cancellation of registration of orders of Court when property no longer affected

(1)

This section shall be read together with and deemed part of the Mortgagors and Lessees Rehabilitation Act 1936.

(2)

If any order of the Court of Review is registered in respect of any property under the Land Transfer Act 1952, the Deeds Registration Act 1908, the Chattels Transfer Act 1924, or any other Act, and the District Land Registrar, Registrar of Deeds, Registrar of the High Court, or other person charged with the duty of keeping the register concerned is satisfied—

(a)

That any property in respect of which the order was registered was, at the time of registration of the order, not affected by the order; or

(b)

That in respect of any property in respect of which the order is registered the order has expired or is spent or otherwise of no effect—

he may cancel the registration of the order in respect of that property:

Provided that, unless all persons appearing to him to be entitled to any claim under the order agree to the cancellation of the registration the Registrar or other person charged with the duty of keeping the register concerned shall give at least one month’s notice of his intention to cancel the registration to all those persons, or shall give at least one month’s notice of his intention in the Gazette and in some newspaper circulating in the locality where the property is situated.

(3)

Any person claiming an interest under the order may before the expiration of the notice aforesaid, apply to the High Court or a Judge thereof for an order restraining the Registrar or other person aforesaid from cancelling the registration as provided in the last preceding subsection. Notice of the application shall be served by the applicant on the Registrar or other person before the expiration of the notice aforesaid, and the Registrar or other person shall thereupon refrain from cancelling the registration of the order of the Court of Review pending the determination of the application, and shall be bound by any order made upon the application.

In subsection (2) the reference to the Land Transfer Act 1952 was substituted, as from 1 January 1953, for a reference to the Land Transfer Act 1915 pursuant to section 245(1) Land Transfer Act 1952 (1952 No 52).

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[Repealed]

New Zealand University

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[Repealed]

Section 23 was impliedly repealed, as from 1 January 1962, by section 60 Universities Act 1961 (1961 No 54).

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[Repealed]
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[Repealed]
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[Repealed]
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[Repealed]
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[Repealed]
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[Repealed]
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[Repealed]
Eprint notes
1 General

This is an eprint of the Statutes Amendment Act 1943 that incorporates all the amendments to that Act as at the date of the last amendment to it.

2 About this eprint

This eprint is not an official version of the legislation under section 18 of the Legislation Act 2012.

3 Amendments incorporated in this eprint

Statutes Repeal Act 2017 (2017 No 23): section 3(1)