Local Legislation Act 1948

Reprint
as at 1 April 1960

Coat of Arms of New Zealand

Local Legislation Act 1948

Public Act1948 No 67
Date of assent2 December 1948
Commencement2 December 1948

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 Authorising Matakaoa County Commissioner to transfer moneys from General Account to meet deficiencies in Hicks Bay Harbour Fund Account

3 Provision with respect to overdraft and other liabilities of Buller County Council

4 Validating hospital rates made and levied by Inangahua County Council

5 Authorising diversion of certain loan moneys by Hutt County Council

6 Authorising Waikouaiti County Council to raise a special loan for housing purposes

7 Authorising Rodney County Council to raise a loan for housing purposes

City and Borough Councils

8 Validating raising of loan by Kaitaia Borough Council

9 Validating an ex gratia payment made by Dunedin City Council in respect of certain contracts

10 Validating certain water charges levied by Waipawa Borough Council

11 Authorising extension of time for the raising of the Wellington City Suburban Libraries Loan, 1944

12 Authorising Opunake Borough Council to grant lease of certain land to Plunket Society at a peppercorn rental

13 Authorising Wanganui City Council to grant renewal of certain lease

14 Validating certain expenditure incurred by Lower Hutt City Council

15 Provision with respect to payment of increased slaughtering charges by Timaru Borough Council

16 Authorising remission of rates by Gisborne Borough Council

17 Authorising Whangarei Borough Council to raise a loan for the purpose of meeting expenditure incurred in connection with Municipal Milk Department

18 Provision with respect to certain payments made by Lower Hutt City Council in anticipation of raising of loan moneys

19 Authorising Auckland City Council to make an ex gratia payment in respect of a contract

20 Conferring certain powers on New Plymouth Borough Council for purpose of meeting defalcations

21 Authorising Nelson City Council to transfer certain land held for street purposes

22 Provision with respect to overdraft of Manurewa Borough Council

Harbour Boards

23 Validating certain expenditure incurred by Lyttelton Harbour Board

24 Validating certain deeds of lease entered into by Wellington Harbour Board

Electric Power Boards

25 Validating raising of portion of Reticulation Loan, 1945 by Springs-Ellesmere Electric-power Board

26 Provision with respect to election of a member of Otago Central Electric-power Board [Repealed]

27 Authorising Opunake Electric-power Board to raise a loan for housing purposes

28 Validating certain actions of King-country Electric-power Board with respect to loan moneys

29 Provision with respect to expenditure incurred by Otago Electric-power Board in anticipation of raising of loan moneys

Fire Boards

30 Validating raising of portion of Building Loan, 1945 by Timaru Fire Board

31 Validating constitution of North Shore Fire District

Drainage Board

32 Validating an ex gratia payment by Christchurch Drainage Board in respect of a contract

Hospital Board

33 Authorising Waikato Hospital Board to divert certain compensation moneys held for endowment purposes

Affecting 2 or more classes of public bodies

34 Provision with respect to levying of Catchment Board rates by Thames Borough Council

35 Validating an agreement between Te Ore Ore River Board and the Wairarapa Catchment Board

36 Validating agreement made by Hutt River Board, Lower Hutt City Council, and Petone Borough Council

37 Provisions with respect to inclusion of Borough of Petone in the Hutt River District

Miscellaneous

38 Authorising National War Funds Council to utilise trust moneys towards the establishment of a hostel for returned servicemen


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 1948.

County Councils

2 Authorising Matakaoa County Commissioner to transfer moneys from General Account to meet deficiencies in Hicks Bay Harbour Fund Account
  • Notwithstanding anything to the contrary in any Act, while a Matakaoa County Commissioner is in office pursuant to section 10 of the Local Legislation Act 1932–33 the following provisions shall apply:

    • (a) if at any time the balance in the Hicks Bay Harbour Fund Account is insufficient to meet the lawful charges thereon, the Commissioner may transfer to that account from the General Account of the County of Matakaoa such sums as he may deem necessary to meet the deficiency:

    • (b) the accounts relating to the Hicks Bay Harbour shall be balanced at 31 March in every year.

3 Provision with respect to overdraft and other liabilities of Buller County Council
  • Whereas the Buller County Council (in this section referred to as the Council) has from time to time borrowed and owed moneys and incurred liabilities in excess of the limits prescribed by the Local Bodies' Finance Act 1921–22 (in this section referred to as the said Act):

    And whereas the excess liabilities of the Council in terms of the said Act as at 31 March 1948 amounted to 17,937 pounds 2 shillings and 3 pence:

    And whereas the aforesaid excess borrowing and owing of moneys and incurring of liabilities were due to exceptional conditions in the County of Buller beyond the control of the Council and it is desirable to make provision in manner hereinafter appearing:

    Be it therefore enacted as follows:

    (1) Notwithstanding anything to the contrary in the said Act or any other Act, all moneys heretofore borrowed and owed by the Council, and all other liabilities heretofore incurred by the Council, in excess of the limits prescribed by the said Act shall for all purposes be deemed to have been at all times lawfully borrowed and owed and incurred by the Council.

    (2) For the purpose of partially repaying the said excess liabilities the Council shall borrow from its bankers by way of overdraft, in the manner prescribed by section 3 of the said Act, the sum of 16,000 pounds.

    (3) The Council shall repay the said sum of 16,000 pounds by 8 equal payments out of the moneys credited to the General Account of the County Fund, one such payment to be made in each year during the period of 8 years commencing on 1 April 1949:

    provided that the Council may in any year repay out of the said General Account an amount greater than an eighth part.

    (4) The said sum of 16,000 pounds so borrowed shall be carried to a separate account at the bank and all payments made in reduction of the said sum shall be credited to that account.

    (5) The said sum of 16,000 pounds shall not at any time heretofore be deemed to have been taken into account, nor shall any amount at any time lawfully owing 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 the said Act.

4 Validating hospital rates made and levied by Inangahua County Council
  • Whereas the system of rating on the unimproved value was in force in the Inangahua County on the commencement of the Rating Amendment Act 1911 and that system has continued in force without a poll being carried in accordance with the provisions of subsection (2) of section 95 of the Rating Act 1925:

    And whereas hospital rates made and levied by the Inangahua County Council for the year ended on 31 March 1948 were made and levied, in contravention of subsection (3) of section 95 of the Rating Act 1925, on the unimproved value and not on the capital value:

    And whereas it is desired to validate the said hospital rates made and levied as aforesaid:

    Be it therefore enacted as follows:

    All hospital rates made and levied by the Inangahua County Council in respect of the year ended on 31 March 1948 on the unimproved value are hereby validated and declared to have been lawfully made and levied.

5 Authorising diversion of certain loan moneys by Hutt County Council
  • Whereas by Order in Council made on 16 September 1936 all the powers in respect of drainage and sanitation exercisable by a Borough Council under section 91 and Part 19 of the Municipal Corporations Act 1933 were conferred on the Hutt County Council (in this section referred to as the Council):

    And whereas pursuant to the powers and authorities so conferred on the Council the Council raised a special loan known as Point Howard Advances to Owners Private Connections Loan, 1938 of the sum of 2,000 pounds for the purpose of making advances to owners of premises situated in the Number 39 Point Howard Special Rating District as defined in the Gazette of 1 August 1940:

    And whereas, pursuant to the same powers and authorities, the council raised a special loan known as York Bay Advances to Owners Private Connections Loan, 1939 of the sum of 1,000 pounds for the purpose of making advances to owners of premises situated in the Number 41 York Bay Special Rating District, as defined in the Gazette of 1 August 1940:

    And whereas the moneys so raised under the aforesaid loans are unlikely to be required for the purposes for which the loans were authorised:

    And whereas the debentures issued in respect of the said loans have been redeemed:

    And whereas the Council raised a loan of the sum of 4,500 pounds known as the Point Howard Water and Sewerage Loan, 1938 for the purpose of providing water and sewerage for properties within the said Point Howard Special Rating District:

    And whereas the said sum of 4,500 pounds, comprising the Point Howard Water and Sewerage Loan, 1938, is insufficient to meet the cost of the works for which that loan was raised:

    And whereas the Council is desirous of utilising the moneys in the Point Howard Advances to Owners Private Connections Loan, 1938 and the York Bay Advances to Owners Private Connections Loan, 1939 for the purposes for which the Point Howard Water and Sewerage Loan, 1938 was authorised to be raised:

    Be it therefore enacted as follows:

    (1) The Council is hereby authorised to divert and utilise the loan moneys in the Point Howard Advances to owners Private Connections Loan, 1938 and the York Bay Advances to Owners Private Connections Loan, 1939 to and for all or any of the purposes for which the Point Howard Water and Sewerage Loan, 1938 was authorised to be raised.

    (2) Nothing in this section shall be deemed to prevent the Council from making advances to owners of premises situated in the said Special Rating Districts pursuant to the powers conferred by section 234 of the Municipal Corporations Act 1933:

    provided that any such advances shall be made by the Council out of its general revenue account.

6 Authorising Waikouaiti County Council to raise a special loan for housing purposes
  • Whereas the Waikouaiti County Council (in this section referred to as the Council) on 5 March 1948 agreed to purchase all that parcel of land situated in the Township of Hawksbury, containing by admeasurement 1 rood, more or less, being Allotment 4, Block VII, on the plan of the said Township, deposited in the Deeds Registration Office at Dunedin as Number 51, and being the whole of the land comprised and described in certificate of title, Volume 241, folio 1, Otago Registry:

    And whereas the Council purchased the said land and the buildings erected thereon for the purpose of providing a dwelling for an employee of the Council:

    And whereas the purchase price payable by the Council for the said land and buildings amounted to the sum of 1,250 pounds, which amount was borrowed from the Bank of New Zealand:

    And whereas the Council is now desirous of repaying the said sum of 1,250 pounds advanced to it by the Bank of New Zealand, and for that purpose desires to raise a loan of the sum of 1,250 pounds:

    Be it therefore enacted as follows:

    The Council is hereby authorised to raise a special loan of the sum of 1,250 pounds, to be known as the Housing Loan, 1948, by special order and without taking the steps prescribed by sections 9 to 13 of the Local Bodies' Loans Act 1926, for the purpose of enabling the Council to repay the said sum of 1,250 pounds advanced to the Council for the purpose of meeting the cost of the purchase of the said land and buildings erected thereon.

7 Authorising Rodney County Council to raise a loan for housing purposes
  • Whereas the Rodney County Council (in this section referred to as the Council), in anticipation of the sanction of the Local Government Loans Board being given to the raising of a housing loan, has expended out of its County Fund Account the sum of 1,993 pounds in the purchase of houses for the Council's employees:

    And whereas the Local Government Loans Board has no authority to sanction an application by the Council for authority to raise a loan for the purpose of enabling the Council to refund to its County Fund Account the moneys so expended in the purchase of the said houses:

    And whereas it is desirable to authorise the Council to raise a loan for that purpose:

    Be it therefore enacted as follows:

    The Council is hereby authorised and empowered to borrow 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, an amount not exceeding the sum of 1,993 pounds for the purpose of refunding to its County Fund Account all moneys applied by the Council as aforesaid in the purchase of the said houses.

City and Borough Councils

8 Validating raising of loan by Kaitaia Borough Council
  • Whereas by Order in Council made on 29 May 1941 consent was given to the raising by the Kaitaia Town Board of a loan of 1,236 pounds, to be known as Water-supply Supplementary Loan 1941 (in this section referred to as the loan) on condition that none of the loan moneys should be raised after 2 years from the date of the said Order in Council:

    And whereas by Order in Council made on 26 May 1943 the time within which the loan was authorised to be raised was extended for a further period of 2 years:

    And whereas the Kaitaia Borough Council (in this section referred to as the Council) as successor to the Kaitaia Town Board issued 20 debentures each for the sum of 72 pounds 8 shillings and 9 pence in order to provide for the repayment of the loan and interest thereon:

    And whereas the loan was raised by the Council and the moneys received therefrom at a date subsequent to the date authorised by the said Orders in Council:

    And whereas it is expedient that the action of the Council in raising the loan and issuing the debentures in respect thereof should be validated:

    Be it therefore enacted as follows:

    The action of the Council in raising the loan after the expiration of the periods specified by the said Orders in Council is hereby validated, the moneys received by the Council in respect thereof shall be deemed to have been lawfully borrowed, and the debentures issued in respect thereof shall be deemed to have been lawfully executed and issued by the Council, and the said debentures shall have full force and effect according to their tenor.

9 Validating an ex gratia payment made by Dunedin City Council in respect of certain contracts
  • Whereas the Dunedin City Council (in this section referred to as the Council) during the financial year ended on 31 March 1947 paid to Wilkins and Davies Construction Company, Limited, a company engaged in the work of raising the Mahinerangi Dam and the erection of a road bridge at Waipori known as the Edgar E Stark Bridge, sums amounting in all to 3,114 pounds 18 shillings and 1 penny in excess of the amounts which were properly payable under the contracts for the said works:

    And whereas the said excess payments covered only increased costs incurred by the said company in respect of annual holiday pay, wages, cartage, and materials, and were made in good faith for the sake of ensuring the completion of the said works and upon the certificate of the Corporation's Consulting Engineer and in the belief that the items covered by such payments were in fact extras within the meaning of the said contracts:

    And whereas it is desirable to validate the expenditure of the said moneys:

    Be it therefore enacted as follows:

    The payment made by the Council to Wilkins and Davies Construction Company, Limited, of moneys amounting in all to the sum of 3,114 pounds 18 shillings and 1 penny in excess of the amounts properly payable under the said contracts is hereby validated and declared to have been lawfully made.

10 Validating certain water charges levied by Waipawa Borough Council
  • Whereas the Waipawa Borough Council (in this section referred to as the Council) has for the year ending on 31 December 1948 and for all the preceding years since its constitution levied an annual water charge of a fixed sum payable by the owner or occupier of each building in the Borough of Waipawa connected with the Council's water supply, other than those supplied through a meter:

    And whereas the said water charges have been levied without legal authority and were validated up to and including those made by the Council for the year ended on 31 December 1945:

    And whereas it is desirable that the said water charges levied subsequent to that date should be validated:

    Be it therefore enacted as follows:

    The said water charges levied by the Council for the period commenced on 1 January 1946 and ending on 31 December 1948 shall for all purposes be and be deemed to have been at all times lawfully levied.

11 Authorising extension of time for the raising of the Wellington City Suburban Libraries Loan, 1944
  • Whereas by a poll of ratepayers taken on 27 May 1944 the Wellington City Council (in this section referred to as the Council) was authorised to raise a loan of 30,000 pounds, to be known as the Wellington City Suburban Libraries Loan, 1944 (in this section referred to as the loan) for the purpose of providing branch libraries at Island Bay, Brooklyn, Northland, Ngaio, and Khandallah in the City of Wellington:

    And whereas the Council has been unable to proceed with the necessary construction work involved in the provision of the said branch libraries and the loan has not been raised:

    And whereas under section 16 of the Local Bodies' Loans Act 1926 the authority to raise the loan will lapse after 27 May 1949:

    And whereas it is desirable that the authority to raise the loan be extended for a further period of 5 years:

    Be it therefore enacted as follows:

    Notwithstanding the provisions of section 16 of the Local Bodies' Loans Act 1926 the Council may raise the loan in accordance with the authority given by the ratepayers at any time before 27 May 1954.

12 Authorising Opunake Borough Council to grant lease of certain land to Plunket Society at a peppercorn rental
  • (1) Notwithstanding anything to the contrary in any Act the Opunake Borough Council is hereby authorised to lease to the Opunake Branch of the Royal New Zealand Society for the Health of Women and Children, Incorporated (commonly known as the Plunket Society) such portion as it deems fit of the land vested in the Council described in certificate of title, Volume 143, folio 49, Taranaki Registry, being part of Section 11, Block 38, Town of Opunake, or to grant to the said Society such rights, easements, or privileges affecting the said land as it may deem fit.

    (2) Every such lease or grant shall be for a term not exceeding 21 years, and may contain such provision for rights of renewal for further terms, not exceeding 21 years each, as may be agreed upon between the parties, and shall be at such rental (whether nominal or otherwise) and upon such terms and conditions as may be agreed upon between the parties.

13 Authorising Wanganui City Council to grant renewal of certain lease
  • Whereas by deed of lease dated 12 October 1904, registered in the Deeds Registry Office at Wellington as Number 89731, the land described in subsection (3) was leased to one James Wallace, of Wanganui, cooper, for a term of 39 years from 1 May 1904:

    And whereas on or about 29 December 1910 the lease became vested in one Mary Jane Grantham, of Wanganui, widow:

    And whereas the said Mary Jane Grantham inadvertently omitted to take the necessary steps before the expiry of the lease to obtain a surrender of the lease and a new lease of the said land:

    And whereas the said Mary Jane Grantham has requested the Wanganui City Council (in this section referred to as the Council) as lessor to grant a new lease to her and one John Douglas Grantham, of Wanganui, painter (in this section referred to as the lessees):

    And whereas the Council is desirous of granting to the lessees a new lease of the said land providing for perpetual rights of renewal for successive periods of 21 years:

    Be it therefore enacted as follows:

    (1) The Council is hereby authorised to grant to the lessees a new lease of the said land for a term of 21 years from the date of the expiry of the term of the said lease registered as Number 89731 in a form approved by the Council and providing for perpetual rights of renewal for successive periods of 21 years.

    (2) The Council is hereby authorised to execute all necessary deeds and documents and do all other things necessary for the effectual granting of the new lease to the lessees.

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

    All that parcel of land containing 1 rood and 3 perches, more or less, situate in the City of Wanganui, being part of Reserve L of the Wanganui Town Belt, and being also Lot 22 on a plan deposited in the Deeds Registry Office at Wellington as Number 236, and being all the land described in certificate of title, Volume 478, Folio 35, Wellington Registry (limited as to parcels and title).

14 Validating certain expenditure incurred by Lower Hutt City Council
  • Whereas the Lower Hutt City Council (in this section referred to as the Council) on 24 March 1947 made a payment without authority by way of grant of the sum of 440 pounds to the Hutt Valley and Bays Boy Scouts County for the purpose of assisting 44 boys from the City of Lower Hutt to attend the World Scouts Jamboree held in Paris:

    And whereas it is expedient that the said payment should be validated:

    Be it therefore enacted as follows:

    The payment by the Council of the said sum of 440 pounds is hereby validated and declared to have been lawfully made.

15 Provision with respect to payment of increased slaughtering charges by Timaru Borough Council
  • Whereas the Timaru Borough Council (in this section referred to as the Council) entered into an agreement dated 22 May 1946 with Henry Davidson and James Leslie Brown, of Timaru, contractors (in this section referred to as the contractors) for slaughtering stock at the Timaru Abattoir at certain prescribed charges:

    And whereas during the currency of the said agreement the wages payable by the contractors were increased but the contractors were unable to increase their charges under the said agreement:

    And whereas the Council desires to pay to the contractors increased slaughtering charges in respect of the period commenced on 1 April 1947 and ended on 31 March 1948 and it is expedient that the Council be authorised to pay the said increased charges to the contractors:

    Be it therefore enacted as follows:

    (1) The Council is hereby authorised in respect of the period commenced on 1 April 1947 and ended on 31 March 1948 to pay to the contractors charges in excess of those set out in the said agreement to the extent of 4 pence each for cattle, calves, and pigs, and 2 pence each for sheep and lambs, slaughtered by the contractors during that period.

    (2) All payments already made to the contractors by the Council by way of increased slaughtering charges during the period and at the rates provided for in subsection (1) are hereby validated and declared to have been lawfully made.

16 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 rates amounting to the sum of 52 pounds 15 shillings and 6 pence, being the rates levied by the Council for the year ending on 31 March 1949 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 No 3003, of 6A 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 the said remission:

    Be it therefore enacted as follows:

    The Council is hereby authorised to remit the sum of 52 pounds 15 shillings and 6 pence, being the total amount of the said rates, and to absolve the said Association and the said lands from liability in respect thereof.

17 Authorising Whangarei Borough Council to raise a loan for the purpose of meeting expenditure incurred in connection with Municipal Milk Department
  • Whereas the Whangarei Borough Council (in this section referred to as the Council) is constituted as the Whangarei Milk Authority under the Milk Act 1944:

    And whereas the Council has agreed to purchase certain milk-vending businesses carried on in the Whangarei Borough:

    And whereas it has been necessary for the Council to expend the sum of 5,025 pounds 7 shillings and 1 penny in providing for goodwill payments to the vendors of the said businesses and for the cost of providing necessary plant and incidentals thereto:

    Be it therefore enacted as follows:

    (1) The Council is hereby authorised to raise a special loan not exceeding the sum of 5,025 pounds 7 shillings and 1 penny, to be known as the Whangarei Borough Milk Loan No 2, 1948, by special order and without taking the steps prescribed by sections 9 to 13 of the Local Bodies' Loans Act 1926, for the purpose of meeting the expenditure incurred in the purchase of the milk-vending business of Ernest Arthur Richer, of Whangarei, milk vendor, and the cost of providing necessary plant, and the purchase of the milk-vending business of Winifred Rose Fricker, of Whangarei, milk vendor, and the cost of providing necessary plant and incidentals thereto.

    (2) The Council is hereby authorised out of the proceeds of the said loan when raised to refund to its General Account all moneys advanced thereout for the purpose of meeting the cost of the purchase of the said milk-vending businesses and the said plant and incidentals thereto.

18 Provision with respect to certain payments made by Lower Hutt City Council in anticipation of raising of loan moneys
  • Whereas by Orders in Council made on 3 March 1948 and 28 April 1948 consent was given to the raising by the Lower Hutt City Council (in this section referred to as the Council) of loans of 13,500 pounds to be known as the Street Reconstruction Loan, 1947, and of 285,500 pounds to be known as the Street Reconstruction and Water-supply Improvement Loan, 1948 (in this section referred to as the loans), respectively, for street reconstruction and water supply improvements within the City of Lower Hutt:

    And whereas it was necessary to carry out certain of the works, for the purposes for which the loans were authorised to be raised, prior to the authorisation of the loans:

    And whereas payments to contractors have been made from the Council's District Fund Account in anticipation of the authorisation of the loans:

    And whereas it is expedient that the action of the Council in making the said payments in anticipation of the authorisation of the loans should be validated and that the Council should be authorised to reimburse its District Fund Account out of the loan moneys as the same are received:

    Be it therefore enacted as follows:

    (1) The payments made by the Council to contractors out of its District Fund Account in anticipation of the authorisation of the loans are hereby validated and declared to have been lawfully made.

    (2) The Council is hereby authorised, out of the loan moneys, to reimburse its District Fund Account in respect of all sums paid by the Council out of that account to contractors as aforesaid in anticipation of the receipt of the loan moneys.

19 Authorising Auckland City Council to make an ex gratia payment in respect of a contract
  • Whereas by an agreement dated 12 March 1945, made between Downer and Company, Limited, a duly incorporated company having its registered office at Wellington (in this section referred to as the company) of the one part, and the Mayor, Councillors, and Citizens of the City of Auckland (in this section referred to as the Corporation), of the other part, the company agreed with the Corporation to execute and complete by 2 March 1947 the construction of an earth-fill dam and ancillary works at Lower Nihotupu, in the County of Waitemata, at the price mentioned in the agreement and according to the plans, specifications, and conditions thereto attached:

    And whereas the Auckland City Council (in this section referred to as the Council) on behalf of the Corporation agreed to extend the time for the completion of the said works by a period of 1 year:

    And whereas, owing to increased costs incurred in respect of increased wages and cost of materials, and other circumstances beyond its control causing delay in completion of the work, the company suffered considerable loss:

    And whereas the Council has made full inquiry into the matter and is satisfied that substantial losses have in fact been incurred by the company:

    And whereas the Council in the circumstances is desirous of making a payment of 13,683 pounds to the company:

    Be it therefore enacted as follows:

    The Council is hereby empowered to pay the sum of 13,683 pounds to the company by way of compensation in respect of the loss incurred by the company in respect of the completion of the said works.

20 Conferring certain powers on New Plymouth Borough Council for purpose of meeting defalcations
  • Whereas difficulties have been caused to the New Plymouth Borough Council (in this section referred to as the Council) by reason of large sums of money belonging to the Council having been stolen:

    And whereas it is expedient that the Council should be vested with certain powers to enable it to overcome those difficulties:

    Be it therefore enacted as follows:

    (1) Notwithstanding anything to the contrary in any Act or rule of law, the Council is hereby authorised, for the purpose of restoring to any account of the Council moneys which have been stolen therefrom,—

    • (a) from time to time from any moneys or fund set aside by it under the provisions of section 130 of the Municipal Corporations Act 1933, or of section 8 of the New Plymouth Borough Council Empowering Act 1929, to transfer to its General Account or to any separate account (whether any such separate account be in respect of any trading undertaking or otherwise) such sums as the Controller and Auditor-General may authorise:

    • (b) to borrow moneys from its bankers in accordance with the provisions of section 7 of the Local Bodies' Finance Act 1921–22 to the extent and in the manner provided by that section.

    (2) Moneys transferred by the Council under the authority of paragraph (a) of subsection (1) shall be considered as a liability of the account into which the transfer has been made, and shall be repaid and restored to the fund or account from which the transfer was made on the dates and in amounts to be fixed by the Controller and Auditor-General.

21 Authorising Nelson City Council to transfer certain land held for street purposes
  • The Nelson City Council is hereby empowered and authorised to transfer to Noel Watson, of Nelson, insurance agent, all that piece of land containing 1 rood 16 perches and four-tenths of a perch, being Lot 5 on Deposited Plan No 1592, and being parts of Sections 135 and 136 on the plan of the City of Nelson, and being the whole of the land comprised in certificate of title, Volume 83, folio 179, Nelson Registry, which was dedicated by and at the direction of Annie Watson, late of Nelson, to the Corporation of the City of Nelson, for the purposes of a reserve for a street, the said land being no longer required for that purpose.

22 Provision with respect to overdraft of Manurewa Borough Council
  • Whereas the Manurewa Borough Council (in this section referred to as the Council) has from time to time borrowed and owed moneys and incurred liabilities in excess of the limits prescribed by the Local Bodies' Finance Act 1921–22 (in this section referred to as the said Act):

    And whereas the liabilities of the Council in excess of those permitted by the said Act as at 31 March 1948 amounted to approximately the sum of 4,000 pounds:

    And whereas it is desirable to make provision as hereinafter appearing:

    Be it therefore enacted as follows:

    (1) Notwithstanding anything to the contrary in the said Act or in any other Act, all moneys heretofore borrowed and owed by the Council and all other liabilities heretofore incurred by the Council, in excess of the limits prescribed by the said Act, shall for all purposes be deemed to have been at all times lawfully borrowed and owed and incurred by the Council.

    (2) For the purpose of repaying partially the said excess liabilities the Council is hereby authorised and empowered to borrow from its bankers by way of overdraft, in the manner prescribed by section 3 of the said Act, the sum of 4,000 pounds.

    (3) The Council shall repay the said sum of 4,000 pounds by 8 equal payments out of moneys credited to its General Account, one such payment to be made in each year during the period of 8 years commencing on 1 April 1949:

    provided that the Council may in any year repay out of the said General Account an amount greater than a one-eighth part.

    (4) The said sum of 4,000 pounds shall be carried to a separate account at the bank, and all payments made in reduction of the said sum shall be credited to that account.

    (5) The said sum of 4,000 pounds shall not at any time heretofore be deemed to have been taken into account, nor shall any amount at any time lawfully owing 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 3 of the said Act.

Harbour Boards

23 Validating certain expenditure incurred by Lyttelton Harbour Board
  • The expenditure by the Lyttelton Harbour Board during the financial year ended on 30 September 1948 of the sum of 233 pounds 11 shillings and 4 pence, in connection with the holding of the 15th Conference of the Harbours Association of New Zealand in Christchurch, and the entertainment of delegates thereto, is hereby validated and declared to have been lawfully incurred.

24 Validating certain deeds of lease entered into by Wellington Harbour Board
  • Whereas by a deed of lease dated 1 June 1948, made between the Wellington Harbour Board (in this section referred to as the Board) of the one part, and the Union Steamship Company of New Zealand, Limited, and the Wellington Patent Slip Company, Limited (in this section referred to as the lessees) of the other part, a copy of which deed of lease is recorded in the Department of Internal Affairs at Wellington as IA 105/486, the Board leased to the lessees at the rental and on the terms and conditions therein appearing certain pieces of land therein described situate at Evans Bay in the Port Nicholson Survey District, together with the 2 patent slips, the 2 guide jetties, and the buildings and machinery, plant, and tools on the said land or used in connection with the said patent slips, for a term of 7 years from 1 October 1947 with a right of renewal for a further period of 7 years from the expiration of that term:

    And whereas by a deed of lease dated 1 June 1948 made between the same parties, a copy of which deed of lease is recorded in the Department of Internal Affairs at Wellington as IA 105/486, the Board leased to the lessees at the rentals and upon the terms and conditions therein appearing a certain wharf and structure at Evans Bay, in the said Survey District, known as the repair wharf, and certain land in the same locality, together with the buildings and fixtures thereon and plant and machinery used therewith, for a term of 7 years from 1 October 1947 with a right of renewal for a further term of 7 years from the expiration of that term:

    And whereas it is desirable that the 2 said deeds of lease should be validated and given full force and effect:

    Be it therefore enacted as follows:

    The said 2 deeds of lease referred to in this section are hereby validated and given full force and effect, and the Board and the lessees shall be deemed to have been duly empowered to enter into and execute the same.

Electric Power Boards

25 Validating raising of portion of Reticulation Loan, 1945 by Springs-Ellesmere Electric-power Board
  • Whereas by an Order in Council made on 24 October 1945 consent was given to the raising by the Springs-Ellesmere Electric-power Board (in this section referred to as the Board) of a loan of 25,000 pounds to be known as the No 6 Reticulation Loan, 1945 (in this section referred to as the loan), subject to the determinations as to borrowing and repayment set forth in the Order in Council, one of those determinations being that no moneys should be borrowed under such consent as aforesaid after the expiration of 2 years from the date of the Order in Council:

    And whereas the Board borrowed, as parts of the loan, on 30 October 1947 the sum of 200 pounds, on 6 November 1947 the sum of 100 pounds, and on 1  December 1947 the sum of 1,700 pounds, comprising in all the sum of 2,000 pounds:

    And whereas it is desirable that the raising of those parts of the loan and the borrowing of the said sums totalling 2,000 pounds should be validated:

    Be it therefore enacted as follows:

    The action of the Board in borrowing as aforesaid the said sums of 200 pounds, 100 pounds, and 1,700 pounds respectively as parts of the loan after the expiration of the period specified in the said Order in Council is hereby validated, and the said sums shall be deemed to have been lawfully borrowed.

26 Provision with respect to election of a member of Otago Central Electric-power Board
  • [Repealed]

    Section 26: repealed, on 1 April 1960, by section 19 of the Otago Central Electric Power Board Empowering Act 1959 (1959 No 15 (L)).

27 Authorising Opunake Electric-power Board to raise a loan for housing purposes
  • Whereas the Opunake Electric-power Board (in this section referred to as the Board), prior to the sanction of the Local Government Loans Board being given to the raising of a Housing Loan of the sum of 5,000 pounds, to be known as the Housing Loan, 1948 (in this section referred to as the loan), expended out of its Power Fund Account moneys amounting to the sum of 3,000 pounds for the purposes for which the loan was to be raised:

    And whereas the Local Government Loans Board has sanctioned the raising of that portion of the loan not expended—namely, the sum of 2,000 pounds—but cannot sanction the raising of the balance of the loan amounting to the sum of 3,000 pounds until legislative authority exists for that purpose:

    And whereas it is expedient that authority be given for the raising of the balance of the loan and for the Board to reimburse its Power Fund Account out of the proceeds of the loan, when raised, in respect of all moneys advanced thereout for the purposes for which the loan is to be raised:

    Be it therefore enacted as follows:

    The Board is hereby authorised to raise the balance of the loan amounting to 3,000 pounds by special order and without taking the steps prescribed by sections 9 to 13 of the Local Bodies' Loans Act 1926, and to refund to its Power Fund Account out of the proceeds of the loan, when raised, the sum of 3,000 pounds, or such sum as may have been advanced thereout for the purposes for which the loan is to be raised.

28 Validating certain actions of King-country Electric-power Board with respect to loan moneys
  • Whereas the King-country Electric-power Board (in this section referred to as the Board) applied to the Local Government Loans Board for authority to raise a loan of the sum of 80,000 pounds (in this section referred to as the proposed loan) for the purpose of providing for further reticulation of the Board's district:

    And whereas, in anticipation of the necessary authority being granted to the raising of the proposed loan, the Board expended moneys from its Power Fund Account for the purpose of the proposed loan and also borrowed the sum of 22,500 pounds for that purpose:

    And whereas by Order in Council made on 18 August 1948 the proposed loan was authorised to the extent only of the reduced amount of 70,000 pounds, owing to the fact that the Board had already spent on account of the proposed loan certain moneys from its Power Fund Account:

    And whereas repayment of the moneys so expended from the Board's Power Fund Account for the purpose aforesaid has been made from the Board's Reticulation Loan, 1948 Account:

    And whereas it is desirable that the borrowing of the said sum of 22,500 pounds and the repayment so made to the Board's Power Fund Account should be validated:

    Be it therefore enacted as follows:

    (1) The action of the Board in borrowing sums amounting in the aggregate to 22,500 pounds as part of the proposed loan before the date of the said Order in Council is hereby validated and the said sum shall be deemed to have been lawfully borrowed.

    (2) The payment by the Board into its Power Fund Account from its Reticulation Loan, 1948 Account of all moneys expended for the purpose of the proposed loan by the Board from its Power Fund Account before the date of the said Order in Council is hereby validated and declared to have been lawfully made.

29 Provision with respect to expenditure incurred by Otago Electric-power Board in anticipation of raising of loan moneys
  • Whereas the Otago Electric-power Board (in this section referred to as the Board) made application to the Local Government Loans Board for sanction to the raising of a loan of 25,000 pounds, to be known as the Palmerston-Deepdell Loan, 1948, £25,000 (in this section referred to as the loan), for the purpose of erecting a new transmission line of 33 000 volts from Palmerston to Deepdell to replace the existing transmission line of 11 000 volts:

    And whereas, prior to the sanction of the Local Government Loans Board being given to the raising of the loan, the Board expended the sum of 1,041 pounds out of its Power Fund Account for the purposes of the loan:

    And whereas it is desirable to authorise the Board to refund the said sum of 1,041 pounds to its Power Fund Account out of the proceeds of the loan when raised:

    Be it therefore enacted as follows:

    The Board is hereby authorised and empowered to refund to its Power Fund Account out of the proceeds of the loan, when raised, the said sum of 1,041 pounds.

Fire Boards

30 Validating raising of portion of Building Loan, 1945 by Timaru Fire Board
  • Whereas by Order in Council made on 23 January 1946 consent was given to the raising by the Timaru Fire Board (in this section referred to as the Board) of a loan of 13,500 pounds known as Building Loan, 1945 (in this section referred to as the loan), for the purpose of erecting flats for married men's quarters, subject to the determinations as to borrowing and repayment set forth in the said Order in Council, one of those determinations being that no moneys should be borrowed after the expiration of 2 years from the date of the Order in Council:

    And whereas the Board borrowed as part of the loan the sum of 500 pounds after 23 January 1948:

    And whereas it is desirable that the borrowing of the said sum of 500 pounds should be validated:

    Be it therefore enacted as follows:

    The action of the Board in borrowing the sum of 500 pounds as part of the loan after the expiration of the period specified in the said Order in Council is hereby validated, and the said sum of 500 pounds shall be deemed to have been lawfully borrowed.

31 Validating constitution of North Shore Fire District
  • Whereas the Local Government Commission pursuant to the Local Government Commission Act 1946 approved as final a scheme bearing date 3 November 1947 containing proposals for the constitution of the North Shore Fire District and certain other matters incidental thereto:

    And whereas by Order in Council made on 17 March 1948, and published in the Gazette of 18 March 1948, effect was given to the proposals contained in the said final scheme:

    And whereas doubts have arisen as to the validity of the said Order in Council and it is expedient to make provision as hereinafter appears:

    Be it therefore enacted as follows:

    The said Order in Council, constituting the North Shore Fire District and making incidental provisions with respect thereto, is hereby validated and shall have and be deemed to have had full force and effect according to its tenor as from the date of the making thereof.

Drainage Board

32 Validating an ex gratia payment by Christchurch Drainage Board in respect of a contract
  • The payment of the sum of 267 pounds 5 shillings and 5 pence made by the Christchurch Drainage Board to Frederick John Smith of Riccarton, contractor, on 28 March 1947 in respect of increased costs arising under a contract for the Opawa Sewer Extension is hereby validated and declared to have been lawfully made.

Hospital Board

33 Authorising Waikato Hospital Board to divert certain compensation moneys held for endowment purposes
  • Whereas by Proclamation published in the Gazette of 14 March 1946 part of Allotment Number 86 of the Parish of Pukete (in this section referred to as the said land) vested in the Waikato Hospital Board (in this section referred to as the Board) as an endowment in aid of the Board's funds was taken for a public work by the Minister of Works:

    And whereas the compensation agreed to be paid for the taking of the said land, amounting to the sum of 1,100 pounds, was paid into the Public Trust Office, and is now held by the Public Trustee under the provisions of section 92 of the Public Works Act 1928:

    And whereas the Board is unable to purchase any land suitable for an endowment:

    And whereas the Board is indebted to the Public Trustee in the sum of approximately 12,500 pounds:

    And whereas it is desirable that the said sum of 1,100 pounds should be applied in reduction of the moneys owing by the Board to the Public Trustee:

    Be it therefore enacted as follows:

    The Public Trustee is hereby authorised and directed to apply the said sum of 1,100 pounds, or such other sum as may be in the hands of the Public Trustee as compensation for the taking of the said land, in reduction of the moneys owing by the Board to the Public Trustee.

Affecting 2 or more classes of public bodies

34 Provision with respect to levying of Catchment Board rates by Thames Borough Council
  • Whereas the Borough of Thames is a constituent district of the Hauraki Catchment District:

    And whereas the Hauraki Catchment Board (in this section referred to as the Board), pursuant to section 95 of the Soil Conservation and Rivers Control Act 1941, has by special order directed the Thames Borough Council (in this section referred to as the Council) to make and levy on behalf of the Board an administrative rate in accordance with section 84 of the said Act:

    And whereas the Board is unable to notify the Council until May of each rating year of the amount of the said administrative rate to be made and levied for that year:

    And whereas the Council, pursuant to section 19 of the Local Legislation Act 1947, demands the Borough rates on 1 April in each year:

    And whereas it is expedient that, in respect of the financial year ending on 31 March 1950, the Council be empowered to make and levy the Board's administrative rate at the same time as it makes and levies the Borough rates:

    Be it therefore enacted as follows:

    The Council is hereby authorised and empowered to make and levy an administrative rate on behalf of the Board in respect of the financial year ending on 31 March 1950 at the maximum rate allowed by section 84 of the Soil Conservation and Rivers Control Act 1941.

35 Validating an agreement between Te Ore Ore River Board and the Wairarapa Catchment Board
  • Whereas by an agreement dated 16 July 1948, which is deposited in the Department of Internal Affairs at Wellington under Number IA 105/496, made between Te Ore Ore River Board (in this section referred to as the River Board) and the Wairarapa Catchment Board (in this section referred to as the Catchment Board), the River Board agreed to pay certain moneys, to make, levy, and collect rates for the year ending on 31 March 1949, and to pay certain further moneys from the said rates to the Catchment Board in respect of river works urgently required to be carried out in the District of the River Board upon the terms and conditions set out in the agreement:

    And whereas it is desirable to validate the said agreement:

    Be it therefore enacted as follows:

    Notwithstanding anything contained in the River Boards Act 1908, the Rating Act 1925, the Soil Conservation and Rivers Control Act 1941, or in any other Act, the River Board and the Catchment Board shall be deemed to have been at all times authorised and empowered to enter into the said agreement, which shall be binding on the parties thereto, and shall for all purposes be effective according to its tenor.

36 Validating agreement made by Hutt River Board, Lower Hutt City Council, and Petone Borough Council
  • Whereas by the terms of a certain deed bearing date 26 October 1948 the Hutt River Board, the Corporation of the Mayor, Councillors, and Citizens of the City of Lower Hutt, and the Corporation of the Mayor, Councillors, and Burgesses of the Borough of Petone have entered into an agreement in respect of the respective liabilities of the said local bodies for the clearing, maintenance, and improvement of certain streams within the City of Lower Hutt and the Borough of Petone respectively:

    And whereas it is expedient that the said Deed should be validated and declared to have been lawfully made:

    Be it therefore enacted as follows:

    The said Deed bearing date 26 October 1948 and made between the Hutt River Board, of the first part, the Corporation of the Mayor, Councillors, and Citizens of the City of Lower Hutt, of the second part, and the Corporation of the Mayor, Councillors, and Burgesses of the Borough of Petone, of the third part, a copy whereof is deposited at the office of the Department of Internal Affairs at Wellington under Number IA 105/497, is hereby validated and declared to have been lawfully made by the respective parties thereto.

37 Provisions with respect to inclusion of Borough of Petone in the Hutt River District
  • Whereas the Local Government Commission, pursuant to section 18 of the Local Government Commission Act 1946, has promulgated a final scheme bearing date 24 September 1948 providing for the inclusion of the whole of the Borough of Petone in the Hutt River District (in this section referred to as the River District) from 1 April 1949:

    And whereas by the said final scheme it is further provided that upon the inclusion of the Borough of Petone in the River District, the Board of the River District shall consist of 7 members of whom 2 shall represent a subdivision of the River District comprising the Borough of Petone, and 5 shall represent a further subdivision of the River District comprising the whole of the area within the River District as described by Order in Council dated 4 December 1916 and published in the Gazette of 7 December 1916:

    And whereas in order to enable full effect to be given to the said final scheme it is expedient that provision be made as hereinafter appearing:

    Be it therefore enacted as follows:

    (1) Notwithstanding anything to the contrary in the River Boards Act 1908, the Governor-General may, by Order in Council, declare—

    • (a) that the River District shall be divided into 2 subdivisions comprising the area within the River District as described by Order in Council dated 4 December 1916 and published in the Gazette of 7 December 1916 as one subdivision, and the Borough of Petone as the other subdivision; and

    • (b) that the Hutt River Board shall consist of 7 members of whom 2 shall represent the subdivision comprising the Borough of Petone and 5 shall represent the subdivision comprising the remainder of the area within the River District referred to in the last preceding paragraph.

    (2) The first 2 members of the Hutt River Board to represent the subdivision comprising the Borough of Petone shall be Councillors of the Borough of Petone and, upon the issue of the Order in Council authorised by subsection (1), shall be appointed by resolution of the Petone Borough Council to hold office from the date of coming into force of the said Order in Council until the next general election of members of the Hutt River Board.

    (3) The 5 members of the Hutt River Board elected on 19 November 1947 shall continue in office as representatives of the subdivision comprising the area within the River District referred to in paragraph (a) of subsection (1) and shall continue in office until the next general election of members of the Board.

Miscellaneous

38 Authorising National War Funds Council to utilise trust moneys towards the establishment of a hostel for returned servicemen
  • Whereas pursuant to a certain deed dated 19 March 1940 and made between the Wellington Hostel for Returned Soldiers, Incorporated, of the one part, and the National War Funds Council (in this section referred to as the Council) of the other part, the Council became possessed of the sum of 5,495 pounds which it agreed to hold and administer as a trustee in terms of the said deed:

    And whereas the funds now held by the Council in terms of the said deed amount to the sum of 5,507 pounds 16 shillings and 6 pence:

    And whereas the Council is desirous of applying the funds in whole or in part in and towards the establishment of a Veterans' Home to be used for the benefit of soldiers and sailors of the 1914–18 War:

    And whereas doubts have arisen as to whether the Council has power to apply the said funds for that purpose:

    Be it therefore enacted as follows:

    Notwithstanding the provisions of the said deed the Council is hereby authorised and empowered to apply the whole or any part of the funds at present held by it as trustee under the said deed in and towards the establishment of a home or hostel for the benefit of soldiers and sailors of the 1914–18 War in such manner and upon such terms and conditions as the Council may determine.


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 1948. The reprint incorporates all the amendments to the Act as at 1 April 1960, 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)
  • Otago Central Electric Power Board Empowering Act 1959 (1959 No 15 (L)): section 19