Local Legislation Act 1955

  • This version was reprinted on 30 May 2016 to make corrections to sections 6 and 17(1) under section 25(1)(j)(ii) of the Legislation Act 2012.

Reprint as at 1 July 2003

Coat of Arms of New Zealand

Local Legislation Act 1955

Public Act
 
1955 No 86
Date of assent
 
26 October 1955
Commencement
 
26 October 1955
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
1Short Title
2Validating certain advance by Waipawa County Council
3Special provision with respect to abolition of riding accounts in Taupo County
4Vesting certain land in Corporation of County of Taranaki as a hall site
5Authorizing raising of special loans by Matamata County Council
6Provision with respect to overdraft of Ohura County Council
7Provision with respect to repayment of overdraft of Buller County Council
8Proviso to section 7 of Auckland City Empowering Act 1932–33 repealed
9Authorizing Cromwell Borough Council to raise a special loan for housing purposes
10Authorizing New Plymouth City Council to make certain grants to the New Plymouth Public Relations Office Incorporated
11Validating certain expenditure incurred by Palmerston Borough Council
12Authorizing Taihape Borough Council to expend money in connection with jubilee celebrations
13Provision with respect to expenditure of money by Waitara Borough Council in connection with 50th anniversary celebrations
14Validating the sale of certain land by Alexandra Borough Council
15Validating borrowing of certain loan money by Kaiapoi Borough Council
16Validating certain town planning schemes in City of Napier
17Authorizing raising of special loan by Rangiora Borough Council
18Provision with respect to application of reserve fund established by Invercargill City Council
19Provision with respect to leasing of certain lands by Auckland City Council
20Authorizing Ellerslie Borough Council to pay compensation in respect of tenancy surrendered
21Authorizing Warkworth Town Council to expend certain money for drainage and sewerage purposes
22Provision with respect to expenditure of money by New Lynn Borough Council in connection with 25th anniversary celebrations
23Validating certain expenditure incurred by Lyttelton Harbour Board
24Validating certain expenditure incurred by Auckland Harbour Board
25Authorizing Wanganui Harbour Board to raise special loan of £15,000
26Provision with respect to special rates levied by Poverty Bay Catchment Board [Repealed]
27Further extending period during which classification for rating purposes of certain lands in Manawatu Catchment District shall continue in force
28Provision with respect to rating of certain lands in the Wairarapa Catchment District [Repealed]
29Vesting certain land in Corporation of Borough of Bluff
30Provision with respect to fire protection over East Coast Bays Borough by North Shore Fire Board
31Special provision with regard to alteration of boundaries of certain electric power districts
32Authorizing Martinborough Borough Council to transfer certain land to Wairarapa Hospital Board
33Provision with respect to the disposal of certain funds by the Hutt Valley Joint Transit Housing Committee
34Validating borrowing of certain loan money by the Christchurch Transport Board
35Provision with respect to disposal of Puketitiri Cemetery accumulated funds
36Provision with respect to validation of ratepayers’ lists and rolls of electors for Ohura North, Meringa, and Hunua Rabbit Districts
37Vesting certain land in the Parua Bay Hall Society Incorporated
38Validating issue of certain debentures by Golden Bay Electric Power Board
39Authorizing Tokanui Rabbit Board to raise a special loan for housing purposes
40Provision with respect to alteration of boundaries of Hutt River District
Reprint notes

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 1955.

County Councils

2 Validating certain advance by Waipawa County Council

Whereas during the year ended on 31 March 1954 the Waipawa County Council made an advance of the sum of 134 pounds 10 shillings and 9 pence to the Takapau Urban Fire Authority for the purpose of purchasing fire hose for the Takapau Fire Brigade, which advance was to be repayable in 4 equal annual instalments without interest:

And whereas the said advance was made otherwise than as authorized by either the Fire Services Act 1949 or section 45 of the Finance Act (No 2) 1933:

Be it therefore enacted as follows:

The action of the Waipawa County Council in advancing the sum of 134 pounds 10 shillings and 9 pence to the Takapau Urban Fire Authority to be repaid by way of 4 equal annual instalments without interest is hereby validated and the said sum shall be deemed to have been lawfully advanced.

3 Special provision with respect to abolition of riding accounts in Taupo County

Whereas, by Order in Council made on 2 May 1955, the Taupo County was divided into ridings:

And whereas the Taupo County Commissioner (in this section referred to as the Commissioner) by special order made on 5 August 1955 and published in the Gazette of 25 August 1955 pursuant to section 2 of the Counties Amendment Act 1931, declared that sections 121 and 131 of the Counties Act 1920 should not apply to the Taupo County Council (in this section referred to as the Council):

And whereas, pursuant to the said section 2, the said special order will take effect from 31 March 1956:

And whereas it is desirable that the said special order should be deemed to have taken effect as on and from 2 May 1955:

Be it therefore enacted as follows:

(1)

Notwithstanding the provisions of section 2 of the Counties Amendment Act 1931, the said special order of the Commissioner declaring that sections 121 and 131 of the Counties Act 1920 should not apply to the Council shall be deemed to have taken effect for all purposes, and the said sections 121 and 131 are hereby declared not to have applied to the Council, as on and from 2 May 1955.

(2)

The action of the Commissioner in making and levying general rates over the county as a whole instead of separately in each riding for the year ending 31 March 1956 and in doing all things necessary preliminary thereto are hereby validated, and the said rates are hereby declared to have been lawfully made and levied and to be legally recoverable.

4 Vesting certain land in Corporation of County of Taranaki as a hall site

Whereas by deed of trust Number 29623 dated 16 September 1903 the executors of the will of Thomas Hempton conveyed to certain trustees as the site for the Hempton Hall all that parcel of land containing by admeasurement 2 roods and sixteen-hundredths of a perch, more or less, being the north-eastern part of Section 62 on the public map of the Town of Okato and all the land comprised and described in certificate of title, Volume 126, folio 154, Taranaki Registry, upon trust for the use and benefit of the inhabitants within the limits of the Okato Road District or any smaller district in which the said land is included:

And whereas by memorandum of transfer registered in the Land Registry Office at New Plymouth as Number 57129, Carlin Gill and Alexander Gregory Knight, as surviving trustees, appointed John Leo Power, Arthur John Smith, Ernest Bowyer Corbett, Clifford Clyde Eustace, Lawrence Carey, Laurence O’Sullivan, and Lawrence David Hickford as trustees:

And whereas the said John Leo Power and Lawrence Carey have since died, and the said Arthur John Smith, Ernest Bowyer Corbett, Clifford Clyde Eustace, Laurence O’Sullivan, and Lawrence David Hickford (in this section referred to as the present trustees) are now the surviving trustees:

And whereas the said Okato Road District has been merged in the County of Taranaki:

And whereas the Chairman, Councillors, and Inhabitants of the County of Taranaki (in this section referred to as the Corporation) is taking under the Public Works Act 1928 as a site for a fire station that part of the said land containing 38 perches and sixty-eight hundredths of a perch, more or less, as the same is more particularly delineated on the plan deposited in the office of the Chief Surveyor, at New Plymouth, under Number 8718:

And whereas the present trustees desire to vest the balance of the said land containing by admeasurement 1 rood 1 perch and forty-eight hundredths of a perch, more or less, in the Corporation for the purposes of the said trust, but the Corporation is not authorized to accept lands on the terms of the said trust:

And whereas the Corporation is prepared to accept the balance of the said land as a site for a public hall pursuant to section 198 of the Counties Act 1920:

Be it therefore enacted as follows:

(1)

The Corporation is hereby authorized and empowered to accept a transfer to it of the balance of the said land to be held by it as a site for a public hall pursuant to section 198 of the Counties Act 1920, and the present trustees are hereby authorized and empowered to transfer the land to the Corporation as aforesaid.

(2)

The Corporation and the present trustees are hereby authorized and empowered to execute all such deeds and documents and do all such other things as may be necessary for the effectual vesting in the Corporation of the land aforesaid.

(3)

Upon the transfer of the balance of the said land to the Corporation the present trustees shall be released and absolutely discharged from the trusts incidental to the said deed of 16 September 1903.

(4)

The District Land Registrar for the Land Registration District of Taranaki is hereby empowered and directed to make such entries in the register books and generally to do all such things as are necessary to give effect to the provisions of this section.

5 Authorizing raising of special loans by Matamata County Council

Whereas the Matamata County Council (in this section referred to as the Council) is desirous of undertaking certain works for the purpose of providing a supply of water to the County Town of Tokoroa:

And whereas, before the raising of loans for the purpose of carrying out the said works, it has been necessary for the Council to expend money out of its Tokoroa Water Supply Separate Account (No 1) and Tokoroa Water Supply Separate Account (No 2) (in this section referred to as the Accounts) in connection therewith:

And whereas the Local Government Loans Board has no authority to sanction the raising of a loan or loans for the purpose of enabling the Council to refund to the Accounts money expended thereout as aforesaid:

And whereas it is desirable that authority be given for that purpose:

Be it therefore enacted as follows:

The Council is hereby authorized and empowered to borrow by way of special loans under the Local Bodies’ Loans Act 1926, a sum sufficient to enable the Council to refund to the Accounts the amount of any money expended from those Accounts, whether before the date of the passing of this Act or within 6 months after that date, on the said works.

6 Provision with respect to overdraft of Ohura County Council

Whereas the Ohura 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 in that behalf by the Local Bodies’ Finance Act 1921–22:

And whereas as at 31 March 1955 the amount owing by the Council to its bankers, together with the amount owing on certain cheques which had been drawn by the Council but had not been presented before that date, amounted in all to the sum of 21,282 pounds 13 shillings and 3 pence:

And whereas it is desirable to make provision in manner hereinafter appearing:

Be it therefore enacted as follows:

(1)

Notwithstanding anything to the contrary in the Local Bodies’ Finance Act 1921–22 or in any other Act, all money heretofore borrowed and owed by the Council and all other liabilities heretofore incurred by the Council in excess of the limits prescribed in that behalf by the Local Bodies’ Finance Act 1921–22, and all other money owed by the Council included in the aforesaid sum of 21,282 pounds 13 shillings and 3 pence, shall be deemed to have been at all times lawfully borrowed, incurred, and owed by the Council.

(2)

For the purpose of repaying the said outstanding liabilities the Council is hereby authorized 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 14,000 pounds.

(3)

The Council shall repay the said sum of 14,000 pounds by 7 equal payments out of money credited to its General Account, one such payment to be made in each year during the 7 years commencing on 1 April 1956:

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

(4)

The said sum of 14,000 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 14,000 pounds shall not at any time hereafter 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.

7 Provision with respect to repayment of overdraft of Buller County Council

Whereas the Buller County Council (in this section referred to as the Council) has from time to time borrowed and may hereafter borrow money from its bankers by way of overdraft:

And whereas it is expedient that the Council should be authorized to raise a special loan for the purpose of repaying the money so borrowed:

Be it therefore enacted as follows:

(1)

The Council is hereby authorized to borrow by way of special loan under the Local Bodies’ Loans Act 1926, by special order, and notwithstanding anything in section 9 of that Act, without the prior consent of the ratepayers, a sum not exceeding 60,000 pounds and to apply any sum so borrowed in or towards repayment of any indebtedness of the Council on overdraft.

(2)

Any sum borrowed by the Council under the authority of this section shall be repaid at a rate of not less than 5,000 pounds per annum, the first of the said annual repayments to be made not later than 31 March 1956.

(3)

The Council may issue a single debenture or series of debentures by way of security for the loan, and the provisions of subsection (1) of section 27 of the Local Bodies’ Loans Act 1926 shall not apply to any such debenture or debentures.

City, Borough, and Town Councils

8 Proviso to section 7 of Auckland City Empowering Act 1932–33 repealed

(1)

The Auckland City Empowering Act 1932–33 is hereby amended by repealing the proviso to section 7.

(2)

This section shall be deemed to have come into force on 1 April 1955.

9 Authorizing Cromwell Borough Council to raise a special loan for housing purposes

Whereas the Cromwell Borough Council (in this section referred to as the Council), before obtaining the sanction of the Local Government Loans Board to the raising of a loan for staff housing, expended out of its District Fund Account moneys amounting in the aggregate to the sum of 1,216 pounds and 3 shillings towards the erection of a house for one of its employees:

And whereas the Local Government Loans Board has no authority to sanction the raising of a loan for the purpose of enabling the Council to refund the said sum or part thereof to its District Fund Account:

And whereas it is desirable to authorize the Council to raise a special loan not exceeding the sum of 1,216 pounds for the purpose of recouping its District Fund Account in respect of portion of the moneys advanced thereout as aforesaid:

Be it therefore enacted as follows:

The Council is hereby authorized and empowered to borrow by way of special loan under the Local Bodies’ Loans Act 1926 an amount not exceeding the sum of 1,216 pounds for the purpose of refunding to its District Fund Account portion of the moneys advanced thereout towards the erection of the said house.

10 Authorizing New Plymouth City Council to make certain grants to the New Plymouth Public Relations Office Incorporated

The New Plymouth City Council is hereby authorized to make grants not exceeding 1,250 pounds to the New Plymouth Public Relations Office, a society incorporated under the Incorporated Societies Act 1908, during each of the years ending on 31 March 1956 and 31 March 1957 for the purposes prescribed in the rules of the said society.

11 Validating certain expenditure incurred by Palmerston Borough Council

The expenditure by the Palmerston Borough Council during the financial year ended on 31 March 1954 of the sum of 147 pounds 13 shillings and 5 pence in the purchase of a mayoral chain and badge of office is hereby validated and declared to have been lawfully incurred.

12 Authorizing Taihape Borough Council to expend money in connection with jubilee celebrations

The Taihape Borough Council is hereby authorized and empowered to expend a sum, not exceeding 250 pounds, out of its general revenues in connection with the celebration and commemoration of the borough jubilee in 1956 and to make payments and grants to any person or persons for those purposes.

13 Provision with respect to expenditure of money by Waitara Borough Council in connection with 50th anniversary celebrations

The Waitara Borough Council (in this section referred to as the Council) is hereby authorized and empowered to expend out of its General Account a sum not exceeding 200 pounds for the purpose of celebrating and commemorating the 50th anniversary of the constitution of the Borough of Waitara, and any expenditure heretofore incurred or made by the Council for that purpose is hereby validated and declared to have been lawfully incurred and made.

14 Validating the sale of certain land by Alexandra Borough Council

Whereas the Corporation of the Mayor, Councillors, and Citizens of the Borough of Alexandra is seised of an estate in fee simple in the land described in subsection (3), subject to certain trusts pursuant to the provisions of the Public Libraries’ Powers Act 1875:

And whereas the public library that was erected on the said land was destroyed by fire many years ago:

And whereas the Alexandra Borough Council (in this section referred to as the Council) has erected a public library on a more suitable site owned by the Council and has sold the said land as it is no longer required for the purpose for which it is held:

And whereas doubts have arisen as to the power of the Council to sell the said land and it is expedient that the said sale be validated:

Be it therefore enacted as follows:

(1)

Notwithstanding anything contained in any Act or rule of law, the sale of the said land by the Council is hereby validated and the trusts or reservations heretofore affecting the same are hereby cancelled.

(2)

The District Land Registrar for the Land Registration District of Otago is hereby authorized and directed to accept such documents for registration and to do all such things as may be necessary to give effect to this section.

(3)

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

All that parcel of land containing by admeasurement 11 perches, more or less, situated in the Town of Alexandra, being Section 7, Block XV, on the public map of the said town, deposited in the office of the Chief Surveyor, at Dunedin, and being all the land comprised and described in certificate of title, Volume 116, folio 102, Otago Registry.

15 Validating borrowing of certain loan money by Kaiapoi Borough Council

Whereas, by Order in Council made on 7 April 1954 (in this section referred to as the first Order in Council), consent was given to the raising by the Kaiapoi Borough Council (in this section referred to as the Council) of a sum of 20,000 pounds as portion of the Sewerage Loan 1952 of 100,000 pounds, subject to the determinations as to borrowing and repayment set forth in the first Order in Council:

And whereas, by an Order in Council made on 11 August 1954 (in this section referred to as the second Order in Council), certain of the determinations as to borrowing and repayment set forth in the first Order in Council were varied in respect of a sum of 10,000 pounds, being portion of the original sum of 20,000 pounds:

And whereas, notwithstanding that the money which could be raised under the authorities conferred by the first and second Orders in Council was restricted to a total sum of 20,000 pounds, the Council has raised, in all, sums aggregating 30,000 pounds, of which a sum of 20,000 pounds has been raised on the determinations as to borrowing and repayment set forth in the first Order in Council and a sum of 10,000 pounds has been raised on the determinations as to borrowing and repayment set forth in the first Order in Council as varied by the second Order in Council:

And whereas it is desirable that the Council’s action should be validated:

Be it therefore enacted as follows:

The action of the Council in borrowing sums aggregating 30,000 pounds in the manner hereinbefore recited as portions of the Sewerage Loan 1952 of 100,000 pounds is hereby validated and the said sums 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 and shall have full force and effect according to their tenor.

16 Validating certain town planning schemes in City of Napier

Whereas at the commencement of the Town and Country Planning Act 1953 the town planning schemes referred to in subsection (3) were operative as district schemes under the said Act:

And whereas the Napier City Council failed to give the public notification required by paragraph (b) of subsection (2) of section 19 of the said Act within 6 months after the commencement of the said Act, and the said schemes thereupon ceased to be operative or to have effect:

And whereas it is desirable that the said schemes should be operative under the said Act:

Be it therefore enacted as follows:

(1)

Notwithstanding the provisions of subsection (2) of section 19 of the Town and Country Planning Act 1953, but subject in all other respects to the provisions of that Act and to the provisions of subsection (2), the town planning schemes referred to in subsection (3) shall be operative as district schemes under that Act, and shall be deemed to have continued to be so operative from the commencement of that Act as if the Council had complied with all the requirements of paragraph (b) of subsection (2) of the said section 19.

(2)

Within 2 months after the date of the passing of this Act the Napier City Council shall give public notification of the existence of the said schemes, of the place or places within the district where the said schemes may be inspected by the public, and of the fact that the said schemes have become operative district schemes for the purposes of the Town and Country Planning Act 1953 and all regulations made thereunder.

(3)

The town planning schemes to which this section refers are the Napier Business-Area Town Planning Scheme 1931, the Napier (Marewa) Town Planning Scheme 1936, the Napier (Marewa) Town Planning Scheme No 2, the Napier (Marewa) Town Planning Scheme No 3 and the Napier (Onekawa) Town Planning Scheme 1946.

17 Authorizing raising of special loan by Rangiora Borough Council

Whereas the Rangiora Borough Council (in this section referred to as the Council), before obtaining the sanction of the Local Government Loans Board to the raising of a loan for the purchase of land, expended out of its Sewerage Account money amounted in the aggregate to the sum of 1,000 pounds in the purchase of the land described in subsection (2) together with the buildings and improvements thereon to be utilized in connection with the sewerage and drainage system of the Borough of Rangiora:

And whereas the Local Government Loans Board has no authority to sanction the raising of a loan for the purpose of enabling the Council to refund the said sum to its Sewerage Account:

And whereas it is desirable that authority be granted for that purpose:

Be it therefore enacted as follows:

(1)

The Council is hereby authorized and empowered to borrow by way of special loan under the Local Bodies’ Loans Act 1926 an amount not exceeding the sum of 1,000 pounds for the purpose of refunding to its Sewerage Account all money applied by the Council as aforesaid towards the purchase of the land described in subsection (2).

(2)

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

All that parcel of land situated in Block VII of the Rangiora Survey District containing 3 acres 3 roods 15 perches and six-tenths of a perch, more or less, being part of Lots 6, 7, 8, and 9 on Deposited Plan Number 194, being part of Rural Section 793 and being the land comprised and described in certificate of title, Volume 462, folio 82, Canterbury Registry, together with a right of way created by Transfer Number 194402 over Lot 1 on Deposited Plan Number 9665.

18 Provision with respect to application of reserve fund established by Invercargill City Council

Whereas, pursuant to section 143 of the Municipal Corporations Act 1954, the Invercargill City Council (in this section referred to as the Council) has set aside certain money to form a reserve fund and has specified that certain portions of that fund are held for certain named purposes:

And whereas during the year ended on 31 March 1954 the Council transferred the sum of 1,100 pounds from the said reserve fund to the Invercargill Community Centre Society for the development of a certain city reserve, but the development of that reserve is not one of the named purposes for which the said reserve fund is held:

And whereas it is desirable that the Council should be free to apply the said reserve fund towards any of the purposes authorized by the said section 143 and that the action of the Council in transferring the sum of 1,100 pounds to the Invercargill Community Centre Society should be validated:

Be it therefore enacted as follows:

(1)

Notwithstanding that the money in the said reserve fund has been set aside for certain named purposes, the Council is hereby authorized and empowered to apply any of that money towards any of the purposes authorized by section 143 of the Municipal Corporations Act 1954.

(2)

The action of the Council in making a grant of the sum of 1,100 pounds from the said reserve fund to the Invercargill Community Centre Society is hereby validated and declared to have been lawful.

19 Provision with respect to leasing of certain lands by Auckland City Council

Whereas the Auckland City Council (in this section referred to as the Council) by memorandum of lease registered in the Lands Registry Office at Auckland under Number 13810 (in this section referred to as the existing lease) leased to one Thomas Alexander Low the endowment lands therein described for a term commencing on 1 April 1929 and ending on 1 January 1994 upon the covenants and conditions therein set forth:

And whereas the existing lease is now vested in Northern Automobiles Limited (in this section referred to as the company):

And whereas it is necessary for the purposes of the erection of buildings of the General Government of New Zealand that the existing lease be surrendered:

And whereas the pieces of land described in subsection (4) (in this section referred to as the said lands) are portions of closed street adjoining other endowment lands leased by the Council to the company, which streets have been duly closed by Proclamation pursuant to the provisions of section 29 of the Public Works Amendment Act 1948:

And whereas the company has agreed to surrender the existing lease on condition that a lease of the said lands is granted to it for a term expiring on 1 January 1994, upon the same covenants and conditions as are contained in the existing lease but at a yearly rental, until 1 January 1961, of 125 pounds, and thereafter for the remaining 33 years of the term at an annual rental calculated as provided in the existing lease:

And whereas it is expedient that the Council should henceforth hold the said lands as and for an endowment for the benefit of the inhabitants of the City of Auckland and not for any special purpose and that the Council should have, with respect to the said lands, all such powers of leasing and disposition as it has with respect to its general or ordinary endowments, and in addition should have the special powers set out in subsection (2):

Be it therefore enacted as follows:

(1)

Notwithstanding anything contained in the Public Works Act 1928, in the Municipal Corporations Act 1954, or in any other Act, the Council shall henceforth hold the said lands as and for an endowment for the benefit of the inhabitants of the City of Auckland and not for any special purpose, and the Council shall have in respect of the said lands all such powers of leasing and disposition as it has in respect of its general or ordinary endowments and in addition shall have the special powers set out in subsection (2).

(2)

The Council is hereby empowered to lease the said lands to the company without putting the same up for leasing by public auction or public tender for a term expiring on 1 January 1994, upon the same covenants and conditions as are contained in the existing lease, but at a yearly rental, until 1 January 1961, of 125 pounds, and thereafter for the remaining 33 years of the term at an annual rental calculated as provided in the existing lease.

(3)

The District Land Registrar for the Land Registration District of Auckland is hereby authorized to make such entries in the register book, to issue such titles, to register such instruments, and to do all such other things as may be necessary to give effect to the provisions of this section.

(4)

The lands to which this section relates are more particularly described as follows:

Firstly, 13 perches, more or less, adjoining Lots 15 and 23 on Deposited Plan Number 21520, being part of Section 31 of the City of Auckland, and being shown coloured green on the plan lodged in the office of the Minister of Works, at Wellington, under Number PWD 144410, and being also shown on the plan lodged in the office of the Chief Surveyor, at Auckland, under Number 38635, being closed street.

Secondly, 1 perch and nine-tenths of a perch, more or less, adjoining the closed street firstly above referred to and being shown coloured green on the plan lodged in the office of the Minister of Works, at Wellington, under Number PWD 145832, and being also shown on the plan lodged in the office of the Chief Surveyor, at Auckland, under Number 38899, being closed street.

20 Authorizing Ellerslie Borough Council to pay compensation in respect of tenancy surrendered

The Ellerslie Borough Council (in this section referred to as the Council) is hereby authorized to appropriate out of its General Account a sum not exceeding 400 pounds for payment to Jack Raymond Bassett of Henderson, hairdresser, by way of compensation for the surrender to the Council on 6 May 1955 by the said Jack Raymond Bassett of his tenancy of certain premises in the Council’s Building situated at Number 137 Main Highway, Ellerslie, and the payment of the sum of 200 pounds already made by the Council to the said Jack Raymond Bassett on account of the said compensation is hereby validated and declared to have been lawfully made.

21 Authorizing Warkworth Town Council to expend certain money for drainage and sewerage purposes

Whereas the Warkworth Town Council (in this section referred to as the Council) holds certain money amounting to 499 pounds 17 shillings and 7 pence in trust for reserve purposes, being compensation money and interest thereon paid to the Council consequent upon the taking by Proclamation in the year 1940 for the purposes of a school site of part of the Shoesmith Domain:

And whereas no further lands are available for acquisition or are required for addition to the said domain:

And whereas it is desirable that the Council should be authorized to expend the said money in accordance with this section:

Be it therefore enacted as follows:

Notwithstanding anything to the contrary in any Act, the Council is hereby authorized and empowered to expend the said money for the purpose of the installation of drainage and sewerage improvements to the said domain and to any building or buildings now or hereafter erected thereon.

22 Provision with respect to expenditure of money by New Lynn Borough Council in connection with 25th anniversary celebrations

The New Lynn Borough Council (in this section referred to as the Council) is hereby authorized and empowered to expend out of its General Account a sum not exceeding 120 pounds for the purpose of celebrating and commemorating the 25th anniversary of the constitution of the Borough of New Lynn, and any expenditure heretofore incurred or made by the Council for that purpose is hereby validated and declared to have been lawfully incurred and made.

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 1954 of the sum of 547 pounds 7 shillings and 7 pence in connection with a function on the occasion of the opening of the new Lyttelton Centennial Watersiders’ Hall is hereby validated and declared to have been lawfully incurred.

24 Validating certain expenditure incurred by Auckland Harbour Board

The expenditure by the Auckland Harbour Board during the financial year ended on 30 September 1955 of the sum of 627 pounds 17 shillings and 9 pence, in connection with the 22nd Harbours Conference in Auckland and the entertainment of delegates thereto, is hereby validated and declared to have been lawfully incurred.

25 Authorizing Wanganui Harbour Board to raise special loan of £15,000

Whereas the Wanganui Harbour Board (in this section referred to as the Board), pursuant to the powers contained in section 174 of the Harbours Act 1950, proposes to erect on lands vested in the Board at Castlecliff, Wanganui, a building to provide for the comfort, convenience, and economy of waterside workers:

And whereas the Board desires to raise a special loan of 15,000 pounds for the purpose of erecting the building and to meet the preliminary expenses in connection therewith:

Be it therefore enacted as follows:

(1)

This section shall be deemed to be a special Act within the meaning of the Harbours Act 1950.

(2)

The Board is hereby authorized, subject to the provisions of the Harbours Act 1950 and the Local Government Loans Board Act 1926, to raise, by special resolution, a special loan not exceeding the sum of 15,000 pounds.

(3)

Any money borrowed pursuant to subsection (2) shall be applied in or towards the payment of the cost of erecting on lands vested in the Board at Castlecliff, Wanganui, a building to provide for the comfort, convenience, and economy of waterside workers and in or towards the payment of preliminary expenses in connection with the erection of the building.

(4)

Notwithstanding anything contained in the Harbours Act 1950, the Board is hereby authorized to secure the repayment of any money borrowed under this section, with interest thereon, by the issue of debentures charging the rents from time to time payable to the Board by the Waterfront Industry Commission in respect of the said building, and the Board is hereby authorized to apply any such rents accordingly.

Catchment Boards

26 Provision with respect to special rates levied by Poverty Bay Catchment Board
[Repealed]

Section 26: repealed, on 1 July 2003, by section 138(1) of the Local Government (Rating) Act 2002 (2002 No 6).

27 Further extending period during which classification for rating purposes of certain lands in Manawatu Catchment District shall continue in force

Whereas, pursuant to the River Boards Act 1908 and the Soil Conservation and Rivers Control Act 1941, the Palmerston North River District has been abolished and it has become the function of the Manawatu Catchment Board (in this section referred to as the Board) to undertake the care, control, and management of the watercourses which were formerly under the care, control, and management of the Palmerston North River Board:

And whereas, pursuant to section 13 of the Soil Conservation and Rivers Control Amendment Act 1946, the Board adopted and continued in force the classification of the lands in the said river district for the whole of the period of 6 years referred to in the said section 13:

And whereas that period expired on 31 March 1952:

And whereas, by section 2 of the Manawatu Catchment Board Empowering Act 1952, the said classification was continued in force for a further period of 3 years from 1 April 1952:

And whereas that period has now expired and the Board is desirous of continuing the said classification in force for a further period of 2 years:

Be it therefore enacted as follows:

The Manawatu Catchment Board may by special order declare that the classification of the lands in the former Palmerston North River District previously made by the Palmerston North River Board for rating purposes, and the proportions fixed in relation thereto, shall continue in force as if they were a classification made and proportions fixed pursuant to the Soil Conservation and Rivers Control Act 1941 specially for the purposes of a separate rate upon all property liable to be rated within that portion of the Manawatu Catchment District which was situated within the said river district for a further period of 2 years from 31 March 1955, and the said classification and proportions shall thereupon be and continue and shall be deemed to have been and continued in force for that period as if made for the purposes aforesaid by the Manawatu Catchment Board under the Soil Conservation and Rivers Control Act 1941:

provided that no part of the proceeds of any separate rate levied pursuant to any such classification shall be applied towards the construction or maintenance of any works which were not in existence at the time of the abolition of the Palmerston North River District.

28 Provision with respect to rating of certain lands in the Wairarapa Catchment District
[Repealed]

Section 28: repealed, on 18 November 1992, by section 6(1) of the Local Legislation Act 1992 (1992 No 103).

Affecting 2 or more classes of Public Bodies

29 Vesting certain land in Corporation of Borough of Bluff

Whereas, by the Bluff Borough Council and Bluff Harbour Board Empowering Act 1952, the waterworks undertaking, including certain lands in the Borough of Bluff owned by the Bluff Harbour Board (in this section referred to as the Board), was vested in the Corporation of the Mayor, Councillors, and Burgesses of the Borough of Bluff (in this section referred to as the Corporation):

And whereas expert opinion was sought by the Corporation and the Board as to whether further lands held by the Board were necessary for the purposes of the waterworks:

And whereas that opinion was that the further lands described in subsection (3) are so necessary:

And whereas the Board has agreed that the said lands should be vested in the Corporation without further payment to the Board:

And whereas the Board has no power to transfer the said lands to the Corporation:

Be it therefore enacted as follows:

(1)

The lands described in subsection (3) are hereby transferred to and vested in the Corporation.

(2)

The District Land Registrar for the Land Registration District of Southland is hereby empowered and directed to make such entries in the register books, to issue such certificates of title, and generally to do all such things as may be necessary to give effect to the provisions of this section.

(3)

The lands to which this section relates are particularly described as follows:

Firstly, all that area in the Borough of Bluff, being Lot 1 on Deposited Plan Number 4767, being part of Section 7, Block I, Campbelltown Hundred, containing by admeasurement 3 roods and 12 perches, more or less, and being part of the land comprised and described in certificate of title, Volume 143, folio 126, Southland Registry.

Secondly, all that area in the Borough of Bluff, being Lot 1 on Deposited Plan Number 4768, being part of Section 8, Block I, Campbelltown Hundred, containing by admeasurement 5 acres 2 roods 17 perches and six-tenths of a perch, more or less, and being part of the land comprised and described in certificate of title, Volume 135, folio 147, Southland Registry, limited as to parcels.

30 Provision with respect to fire protection over East Coast Bays Borough by North Shore Fire Board

Whereas by Order in Council made on 15 February 1955 the North Shore United Urban Fire District was abolished from that date:

And whereas by the said Order in Council a new North Shore United Urban Fire District was constituted on 16 February 1955 which comprised those boroughs included in the previous district together with the Borough of East Coast Bays (in this section referred to as the said borough):

And whereas the North Shore Fire Board (in this section referred to as the former Board) incurred certain expenditure in providing fire protection over the said borough during the period which commenced on 1 April 1954 and ended on 15 February 1955 (in this section referred to as the said period):

And whereas the former Board, in providing fire protection over the said borough for the said period, acted as if that borough was part of the district of the former Board:

And whereas the East Coast Bays Borough Council (in this section referred to as the Council) contributed to the former Board during the said period that portion of the former Board’s expenditure which the Council would have been liable to contribute as a contributory local authority:

And whereas section 32 of the Fire Services Act 1949 provides that the duties imposed on an urban fire authority by that section shall be imposed on a newly constituted authority as from 31 March next following the date on which that authority comes into existence:

And whereas it is desirable to validate the said expenditure incurred by the former Board and the Council and to validate the said action of the former Board and to provide that the duties imposed on the present North Shore Fire Board in respect of the newly constituted fire district by section 32 of the Fire Services Act 1949 shall be deemed to have been imposed as from 15 February 1955:

Be it therefore enacted as follows:

(1)

The expenditure incurred by the former Board in providing fire protection over the said borough during the said period is hereby validated and declared to have been lawfully incurred.

(2)

The action of the former Board in providing fire protection over the said borough for the said period is hereby validated and declared to have been as lawfully done as if the said borough for the said period had formed part of the district of the former Board.

(3)

The expenditure incurred by the Council in contributing to the former Board during the said period that proportion of the former Board’s expenditure which the Council would have been liable to contribute as a contributory local authority is hereby validated and declared to have been lawfully incurred.

(4)

The duties imposed on the present North Shore Fire Board in respect of the newly constituted fire district by section 32 of the Fire Services Act 1949 shall be deemed to have been imposed as from 15 February 1955.

31 Special provision with regard to alteration of boundaries of certain electric power districts

(1)

The Governor-General may from time to time, by Proclamation, alter the boundaries of any electric power district or the outer area thereof so as to include within that district or outer area any adjoining area or areas to be defined in the Proclamation, forming part or parts of the counties of Taupo, Rotorua, or Whakatane and not already within the area of supply of any Electric Power Board.

(2)

The requirements of section 3 of the Electric Power Boards Act 1925 or any regulations under that Act as to the alteration of the boundaries of any electric power district or outer area thereof so as to include any defined area within the district or outer area shall not apply in the case of the inclusion of any area within any electric power district or outer area thereof pursuant to this section, but any Proclamation under this section shall be deemed to have been issued under the Electric Power Boards Act 1925, and shall have effect accordingly.

32 Authorizing Martinborough Borough Council to transfer certain land to Wairarapa Hospital Board

Whereas the land described in subsection (3) is owned as an estate in fee simple by the Corporation of the Mayor, Councillors, and Citizens of the Borough of Martinborough (in this section referred to as the Corporation):

And whereas the said land forms part of the lands known as Huangarua Park which were acquired by the Corporation by way of gift from the late William James Martin, Esquire, to be held by the Corporation solely for the purposes of a public park or recreation ground, but is not now required for these purposes:

And whereas the Wairarapa Hospital Board (in this section referred to as the Board) is desirous of establishing a hospital in the Borough of Martinborough:

And whereas the said land has been selected as the most suitable site for that hospital, and the Corporation is desirous of transferring the said land to the Board for that purpose:

Be it therefore enacted as follows:

(1)

The Corporation may, without further authority than this section, transfer the land described in subsection (3), or any part of that land, to the Board for the purposes of a hospital site and, on the transfer of any such land, any trust or reservation theretofore affecting the same shall be deemed to be cancelled.

(2)

The District Land Registrar for the Land Registration District of Wellington is hereby authorized and directed to accept such documents for registration and to do all such things as may be necessary to give effect to this section.

(3)

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

All that parcel of land situate in the Borough of Martinborough containing by admeasurement 1 acre 1 rood and 24 perches, more or less, being part of Section 1, Wharekaka Block, and being Lots 389, 390, 391, 392, 393, and 397 on Deposited Plan Number 248 and being also part of the land comprised and described in certificate of title, Volume 397, folio 37, Wellington Registry.

33 Provision with respect to the disposal of certain funds by the Hutt Valley Joint Transit Housing Committee

Whereas, by section 36 of the Local Legislation Act 1949, a Committee known as the Hutt Valley Joint Transit Housing Committee (in this section referred to as the Committee) comprising representatives of the Lower Hutt City Council, the Upper Hutt Borough Council, the Petone Borough Council, and the Hutt County Council (in this section referred to as the constituent local authorities) was constituted for the purpose of enabling the constituent local authorities to combine in a scheme to provide temporary housing accommodation in the area known as the Trentham Military Camp (in this section referred to as the scheme):

And whereas, under subsection (20) of the said section 36, the Committee is directed, upon completion of the scheme, to dispose of any assets pertaining thereto and available for disposal in such manner as may be agreed upon by the constituent local authorities:

And whereas the scheme is now nearing completion and the constituent local authorities have agreed that it is desirable, notwithstanding that the scheme has not yet been completed, that the sum of 4,000 pounds should be paid out of the surplus assets in the hands of the Committee to the New Zealand Free Ambulance Transport Service (Wellington District) Incorporated (in this section referred to as the Free Ambulance):

And whereas the said sum has been duly paid and it is desirable that the payment thereof should be validated:

Be it therefore enacted as follows:

(1)

The payment by the Committee out of surplus assets of the sum of 4,000 pounds to the Free Ambulance on 24 May 1955 is hereby validated and declared to have been lawfully made.

(2)

The Free Ambulance shall apply the said sum of 4,000 pounds, firstly, for the purpose of meeting the amount, if any, by which the cost of construction of the Lower Hutt Free Ambulance Main Building exceeds the sum of 26,513 pounds referred to in the Schedule of the Free Ambulance (Lower Hutt Site) Act 1954 and, secondly, in respect of any balance, for the purpose of furthering the work of the Free Ambulance in the Hutt Valley.

(3)

Except as otherwise provided in this section, the said subsection (20) of the said section 36 shall apply in respect of the disposal of any further assets of the Committee.

Miscellaneous

34 Validating borrowing of certain loan money by the Christchurch Transport Board

Whereas on 4 November 1953 the Local Government Loans Board sanctioned the raising by the Christchurch Transport Board (in this section referred to as the Board) of a loan of 40,000 pounds to be known as the Development and Improvement Loan 1953 (in this section referred to as the loan):

And whereas at a special meeting on 30 November 1953 the Board passed a resolution by way of special order to raise the loan, but failed to confirm the said resolution within the period prescribed by section 62 of the Municipal Corporations Act 1933:

And whereas, contrary to the provisions of the Local Government Loans Board Act 1926, the Board raised the loan without first obtaining the consent of the Governor-General in Council:

And whereas it is expedient that the action of the Board in raising the loan should be validated:

Be it therefore enacted as follows:

The action of the Board in raising the loan without confirming the resolution by way of special order within the period prescribed and without first obtaining the consent of the Governor-General in Council is hereby validated, the moneys received by the Board 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 Board and shall have full force and effect according to their tenor.

35 Provision with respect to disposal of Puketitiri Cemetery accumulated funds

Whereas there is an account in the Post Office Savings Bank office at Napier called the Puketitiri Public Cemetery Account:

And whereas the Puketitiri Cemetery has been closed and the Hawke’s Bay County Council desires to apply the amount standing to the credit of the said account towards the repair, maintenance, and improvement of the Puketitiri Hall:

Be it therefore enacted as follows:

(1)

Notwithstanding anything to the contrary in the Cemeteries Act 1908, or in any other Act, the Hawke’s Bay County Council is hereby authorized to apply the amount standing to the credit of the Puketitiri Public Cemetery Account in the Post Office Savings Bank at Napier towards the repair, maintenance, and improvement of the Puketitiri Hall.

(2)

The depositors of the Puketitiri Public Cemetery Account are hereby required and directed to withdraw from the said account the amount standing to the credit of the said account and to pay that amount to the Hawke’s Bay County Council.

36 Provision with respect to validation of ratepayers’ lists and rolls of electors for Ohura North, Meringa, and Hunua Rabbit Districts

Whereas the Ohura North Rabbit Board, the Meringa Rabbit Board, and the Hunua Rabbit Board (in this section referred to as the Boards) failed to take the steps prescribed by sections 39 to 44 of the Rabbit Nuisance Act 1928 in respect of the general elections of members of the Boards required to be held in the month of October in the year 1953:

And whereas for the purposes of the said elections and the making and levying of rates the Boards adopted and used the ratepayers’ lists and rolls of electors for their respective districts in force before 1 July 1953:

And whereas doubts have arisen as to the validity of the rates made and levied or which each of the Boards purported to make and levy in respect of the period which commenced on 1 April 1955 and ends on 31 March 1956:

And whereas it is deemed advisable to continue in force the respective ratepayers’ lists and rolls of electors adopted and used by the Boards for the purposes of the said elections and the making and levying of rates until new ratepayers’ lists and rolls of electors for the districts of the Boards are made and come into force pursuant to the provisions of the said Act and to validate the said ratepayers’ lists, the said elections, and the said rates:

Be it therefore enacted as follows:

(1)

The respective ratepayers’ lists and rolls of electors made by the Boards and in force before 1 July 1953 shall, notwithstanding anything to the contrary in the Rabbits Act 1955 but subject to amendment pursuant to section 32 of that Act, continue in force as the ratepayers’ lists and rolls of electors for the Ohura North Rabbit District, the Meringa Rabbit District, and the Hunua Rabbit District until new lists and rolls are made and come into force in accordance with the provisions of the said Act, and shall be deemed to be valid for all purposes as if the Boards had, in the year 1953, made new ratepayers’ lists and rolls of electors for their respective districts by taking the steps prescribed by sections 26 to 31 of the said Act.

(2)

The general elections held by the Boards in the month of October in the year 1953 are hereby declared to be valid, and the members declared to be elected at the said elections shall be deemed to have been duly elected.

(3)

The rates made and levied, or which each of the Boards purported to make and levy, for the period which commenced on 1 April 1955 and ends on 31 March 1956, are hereby validated and declared to have been lawfully made and levied and to be legally recoverable.

37 Vesting certain land in the Parua Bay Hall Society Incorporated

Whereas by a certain deed of conveyance dated 14 August 1878 and registered in the Deeds Register Office at Auckland under Number 9279B, Robert Peace, of Auckland, plumber, conveyed to certain trustees, namely, Joseph Beasley, John Lambert, Joseph Mallabond, and John Knox Peace (in this section referred to as the original trustees) a certain parcel of land situate in the district of Parua Bay upon the trusts set out in the said deed for the erection of a temperance hall for the use and enjoyment of settlers in the said district as a public hall:

And whereas portion of the said land was taken by the Crown for the purposes of a road, and the remaining portion of the said land comprises the land firstly described in subsection (3):

And whereas, in exchange for the land taken for the purposes of a road, the Crown granted to the trustees of the Parua Bay Temperance Hall the land secondly described in subsection (3) which adjoins the land firstly described in the said subsection:

And whereas a public hall and other improvements have been erected and constructed on the said adjoining areas:

And whereas the original trustees are deceased and have no legal representatives and trustees of the Parua Bay Temperance Hall do not exist, and it is desirable for the effective control of the said public hall that the areas firstly and secondly described in subsection (3) should be vested in the Parua Bay Hall Society Incorporated, a society incorporated under the Incorporated Societies Act 1908:

Be it therefore enacted as follows:

(1)

The vesting of the land firstly described in subsection (3) in the original trustees and the vesting of the land secondly described in subsection (3) in the trustees of the Parua Bay Temperance Hall are hereby cancelled, and the lands are hereby vested in the Parua Bay Hall Society Incorporated freed and discharged from the trusts heretofore attaching to them under and by virtue of the said deed of conveyance dated 14 August 1878.

(2)

The District Land Registrar for the Land Registration District of Auckland is hereby empowered and directed to make such entries in the register books and generally to do all such things as may be necessary to give full effect to the provisions of this section.

(3)

The lands to which this section relates are more particularly described as follows:

Firstly, all that piece of land in the North Auckland Land District containing by admeasurement 1 rood and 16 perches, more or less, being part of Allotment 58, Parish of Waikari, and being all the land comprised and described in certificate of title, Volume 547, folio 210, Auckland Registry, limited as to parcels and titles.

Secondly, all that piece of land in the North Auckland Land District containing by admeasurement 1 rood and 6 perches, more or less, being Section 6, Block XV, Whangarei Survey District, and being all the land comprised and described in certificate of title, Volume 262, folio 62, Auckland Registry.

38 Validating issue of certain debentures by Golden Bay Electric Power Board

Whereas the Golden Bay Electric Power Board (in this section referred to as the Board) has raised a loan of 12,000 pounds known as the Reticulation and Store Loan 1952 (in this section referred to as the loan) in 2 portions of 6,000 pounds each, known respectively as the Reticulation and Store Loan 1952—Issue of £6,000 (in this section referred to as the first portion) and the Reticulation and Store Loan 1952—Second Issue of £6,000 (in this section referred to as the second portion):

And whereas one of the determinations as to borrowing and repayment of the loan was that the term for which the loan or any part thereof might be raised should not exceed 10 years:

And whereas the Board raised the first portion on 30 September 1953 and the second portion on 30 September 1954:

And whereas the debenture issued in respect of the final payment of the first portion was issued to mature on 31 March 1964 instead of on 30 September 1963 and the debenture issued in respect of the final payment of the second portion was issued to mature on 31 March 1965 instead of on 30 September 1964:

Be it therefore enacted as follows:

The debentures issued by the Board in respect of the final payment of the first portion and the final payment of the second portion shall be deemed to have been lawfully executed and issued and shall have full force and effect according to their tenor.

39 Authorizing Tokanui Rabbit Board to raise a special loan for housing purposes

Whereas the Tokanui Rabbit Board (in this section referred to as the Board) before obtaining the sanction of the Local Government Loans Board to the raising of a loan for housing purposes, expended out of its General Account money amounting in the aggregate to the sum of 3,500 pounds in the purchase of a dwellinghouse for occupation by an employee of the Board:

And whereas the Local Government Loans Board has no authority to sanction the raising of a loan for the purpose of enabling the Board to refund the said sum to its General Account:

And whereas it is desirable that authority be given for that purpose:

Be it therefore enacted as follows:

The Board is hereby authorized and empowered to borrow by way of special loan under the Local Bodies’ Loans Act 1926 an amount not exceeding the sum of 3,500 pounds for the purpose of refunding to its General Account all money applied by the Board as aforesaid in the purchase of the said dwellinghouse.

40 Provision with respect to alteration of boundaries of Hutt River District

Whereas the Local Government Commission, pursuant to section 21 of the Local Government Commission Act 1953, has promulgated a final scheme dated 18 July 1955 providing for the inclusion of the area described in the Schedule of the said final scheme which comprises the whole of the Borough of Upper Hutt and a certain part of the County of Hutt in the Hutt River District (in this section referred to as the River District):

And whereas, in order to enable full effect to be given to the said final scheme, it is expedient that provision be made in accordance with this section:

Be it therefore enacted as follows:

(1)

Notwithstanding anything to the contrary in any Act, the Governor-General may in the Order in Council giving effect to the said final scheme or in a subsequent Order in Council, declare:

(a)

that, on the addition of the area referred to in the said final scheme to the River District, the said area shall form a new subdivision of the River District to be known as the Upper Hutt Subdivision; and

(b)

that, on the addition of the Upper Hutt Subdivision to the River District, the Hutt River Board shall be increased to 9 members of whom 2 shall represent the Petone Subdivision, 5 shall represent the Lower Hutt Subdivision, and 2 shall represent the Upper Hutt Subdivision.

(2)

Notwithstanding anything to the contrary in the River Boards Act 1908 or the Local Elections and Polls Act 1953, on the addition of the Upper Hutt Subdivision to the River District, the Upper Hutt Borough Council and the Hutt County Council shall by resolution each appoint 1 person, being a person qualified to be elected as a representative of the Upper Hutt Subdivision, to represent that Subdivision on the Hutt River Board, and the persons so appointed shall hold office until the members elected at the next general election of members of that Board come into office.

(3)

The members of the Hutt River Board representing the Petone and Lower Hutt Subdivisions at the date of the addition of the Upper Hutt Subdivision to the River District shall, unless they sooner vacate their offices, continue to hold office until the members elected at the next general election of members of the Hutt River Board come into office.

Contents
  • 1

    General

  • 2

    Status of reprints

  • 3

    How reprints are prepared

  • 4

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

  • 5

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

Notes
1 General

This is a reprint of the Local Legislation Act 1955. 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)

Local Legislation Act 1992 (1992 No 103): section 6(1)