Local Legislation Act 1964

Reprint
as at 28 June 1991

Coat of Arms of New Zealand

Local Legislation Act 1964

Public Act1964 No 117
Date of assent27 November 1964
Commencement27 November 1964

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 Amuri County Council to raise special loan

3 Validating rates made and levied by Ellesmere County Council

4 Removing trusts from certain land held by Egmont County Council

5 Validating advances to Ohoka Drainage District Account from County Fund Account by Eyre County Council

6 Validating variation of terms of raising certain loan money by Hutt County Council

7 Reopening and vesting Paekakariki Cemetery in Hutt County Council

8 Validating rates made and levied by Malvern County Council

9 Authorising Otamatea County Council to raise special loan in connection with Maungaturoto Water Supply

10 Authorising Otorohanga County Council to strike separate drainage rates to recoup past expenditure on maintenance

11 Amending section 9 of the Local Legislation Act 1960 [Repealed]

12 Authorising Southland County Council to sell certain land

13 Authorising Maniototo County Council to raise special loan and refund County Fund Account from loan money

14 Authorising Tauranga County Council to pay certain money to Tauranga City Council

15 Authorising Waimate West County Council to raise loan under Rural Housing Act 1939

16 Authorising Whakatane County Council to raise special loan

City and borough councils

17 Provision with respect to certain land held by Auckland City Council [Repealed]

18 Authorising Christchurch City Council to raise special loan

19 Validating variation of terms of raising certain loan money by Christchurch City Council

20 Authorising the Dunedin City Council to make ex gratia payment in respect of a contract

21 Validating certain expenditure incurred by Kawerau Borough Board of Commissioners in connection with flood disaster in the Borough of Opotiki

22 Provision with respect to overdraft of Opotiki Borough Council

23 Validating certain expenditure incurred by Rotorua City Council in connection with city celebrations

24 Authorising Tauranga City Council to repay abattoir loans from Abattoir Depreciation Fund

25 Vesting certain harbour land in Thames Borough Council for the purposes of pensioner housing and validating payment for such land

26 Provision with respect to expenditure by Waikouaiti Borough Council on centennial celebrations

27 Validating payment by Waimate Borough Council to Mona Ethel Firth

28 Suspension of annual appropriation of renewal fund in respect of tramway and power supply undertaking of Wellington City Council

29 Provision with respect to certain land vested in Whangarei City Council

Harbour boards

30 Validating refund to Harbour Fund Account from loan money by Otago Harbour Board

31 Provision with respect to certain land reclaimed by Southland Harbour Board

32 Authorising Whangarei Harbour Board to grant a lease

Hospital boards

33 Validating expenditure incurred by the Auckland Hospital Board in connection with the official opening of National Women's Hospital

34 Authorising Vincent and Maniototo Hospital Boards to sell certain land

Rabbit boards

35 Validating rates made and levied by Manawatu Rabbit Board

36 Validating refund to General Account by Otama Rabbit Board

Affecting 2 or more classes of public bodies

37 Sewerage agreements between City of Hastings and Borough of Havelock North

38 Vesting certain land in Tauranga City Council and authorising Tauranga City Council to reclaim certain land from the sea

39 Authorising Whangarei Harbour Board to grant a lease to Whangarei City Council

40 Provision with respect to dissolution of Eketahuna Public Hall Company Limited

41 Exempting Meat Industry Research Institute from liability for payment of rates levied by Hamilton City Council and Waikato County Council

42 Authorising Nelson Institute to transfer land and other assets to Nelson City Council

Miscellaneous provisions

43 Validating application of certain loan money by Otautau Town Council

44 Validating variation of terms of raising certain loan money by Southland Catchment Board

45 Amending section 3 of the Selwyn Plantation Board Act 1953 [Repealed]

46 Validating expenditure incurred by Waikato Valley Authority in connection with inauguration ceremony

47 Repealing Part 1 of the Auckland Community Welfare Centre and Auckland City Empowering Act 1941

48 Authorising Masterton Trust Lands Trustees to pay retirement gratuity

49 Authorising the Invercargill Fire Board to refund its General Account from loan money

50 Validating expenditure incurred by Christchurch–Lyttelton Road Tunnel Authority in connection with the opening ceremony


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 1964.

County councils

2 Authorising Amuri County Council to raise special loan
  • Whereas by Orders in Council made on 23 July 1958, and 31 October 1962, consent was given to the raising by the Amuri County Council (in this section referred to as the Council) of loans of 16,000 pounds and 6,000 pounds to be known respectively as the Balmoral Water Supply Loan 1958 and the Balmoral Water Supply Loan (No 2) 1962 (in this section referred to as the loans) for the purpose of constructing a new intake in the Hurunui River and a new race to increase the supply of water to the Balmoral Water Supply system: And whereas after expending the amount of the loans the Council expended out of its County Fund Account the sum of 7,000 pounds in completing this work: And whereas the Local Authorities Loans Board has no authority to sanction the raising of a loan for the purpose of enabling the Council to refund the said 7,000 pounds to its County Fund Account: And whereas it is desirable to authorise the Council to raise a special loan of 7,000 pounds for the purpose of recouping its County Fund Account in respect of the sum expended from that account as aforesaid: Be it therefore enacted as follows:

    The Council is hereby authorised and empowered to borrow by way of special loan under the Local Authorities Loans Act 1956 an amount not exceeding 7,000 pounds for the purpose of refunding to its County Fund Account the sum expended from that account as aforesaid.

3 Validating rates made and levied by Ellesmere County Council
  • Whereas on and from 2 April 1963, the County of Ellesmere and the County of Springs were amalgamated pursuant to the provisions of the Local Government Commission Act 1961 under the name of the County of Ellesmere: And whereas the final scheme for amalgamation provided that the united County of Ellesmere would for a period of at least 5 years levy rates under the provisions of subsection (1) of section 110 of the Counties Act 1956: And whereas the said subsection (1) of section 110 provides that before making a general rate a Council may by special order resolve that the general rate shall be made and levied separately in each of the former counties for such period not exceeding 10 years as specified in the special order: And whereas before making the general rate for the year ending 31 March 1964, and the year ending 31 March 1965, the Ellesmere County Council (in this section referred to as the Council) omitted to make and pass the special order as provided in the said subsection (1) of section 110: And whereas notwithstanding this omission the Council made and levied a general rate separately in each of the former Counties of Ellesmere and Springs for the years ending 31 March 1964, and 31 March 1965, and desires to continue to do so for a further period ending with 31 March 1968: And whereas it is now necessary to validate the general rates made by the Council for the years ending 31 March 1964, and 31 March 1965, and to authorise the Council to make and levy all future general rates separately as aforesaid for the balance of the said period up to and including the year ending 31 March 1968: Be it therefore enacted as follows:

    The general rates made and levied by the Council of the County of Ellesmere separately in the former Counties of Ellesmere and Springs for the years ending 31 March 1964, and 31 March 1965, are hereby deemed to have been lawfully made and it shall be lawful for the Council to make and levy a general rate separately in each of the former Counties of Ellesmere and Springs for a further period of 3 years ending with 31 March 1968.

4 Removing trusts from certain land held by Egmont County Council
  • Whereas by Order in Council dated 21 March 1956, the Borough of Opunake was abolished and all property, real and personal, belonging to the Corporation of the Borough of Opunake became vested in the Corporation of the County of Egmont (in this section referred to as the Corporation): And whereas the land described in subsection (1) was vested in the Corporation on trust as an endowment for town purposes: And whereas the land described in subsection (2) was vested in the Corporation on trust for municipal purposes: And whereas the land described in subsection (3) was vested in the Corporation on trust as municipal endowment: And whereas the land described in subsection (4) was vested in the Corporation on trust reserved as a site for a market: And whereas the land described in subsection (5) was vested in the Corporation on trust reserved as a site for a pound: And whereas it is desirable that the trusts and reservations affecting the aforesaid land be removed and that such land be held by the Corporation in fee simple: Be it therefore enacted as follows:

    (1) The land referred to in this subsection is hereby vested in the Corporation freed from all trusts, reservations, and restrictions to hold the same as an endowment for town purposes heretofore affecting the same. The land to which this subsection relates is more particularly described as follows:

    All those areas of land in the Taranaki Land Registration District being:

    Firstly, Section 8, Block XXIV, Section 12, Block XXVI, Section 3, Block XLII, Section 1, Block XLIV, Town of Opunake, having a total area of 1 acre and 1 and two-tenth perches, more or less, being the balance of the land comprised in certificate of title, Volume 115, folio 32, Taranaki Registry.

    Secondly, Sections 1 and 2, Block XXXV, Sections 7, 8, 11, and 12, Block XL, Town of Opunake, having a total area of 1 acre 1 rood 26 and five-tenth perches, more or less, being all of the land comprised in certificate of title, Volume 115, folio 30, Taranaki Registry.

    Thirdly, Section 3, Block IX, Section 7, Block XIII, Section 1, Block XIX, Section 7, Block XX, Section 7, Block XXV, and Lots 1 and 2, on Deposited Plan Number 8445, being Section 8, Block XX, Town of Opunake, having a total area of 1 acre 2 roods 2 and two-tenth perches, more or less; being all of the land comprised in certificate of title, Volume 115, folio 29, Taranaki Registry.

    Fourthly, Section 8, Block XLI, Section 6, Block XLIII, Section 10, Block XLV, Section 6, Block XIV, Section 8, Block XVIII, Town of Opunake, having a total area of 1 acre 1 rood 2 and three-tenth perches, more or less, being the balance of the land comprised in certificate of title, Volume 115, folio 31, Taranaki Registry.

    Fifthly, Lots 1 and 2 on Deposited Plan Number 8637, being Section 12, Block XXIII, Town of Opunake, having a total area of 1 rood and three-tenths of a perch, more or less, being all of the land comprised in certificate of title, Volume 258, folio 3, Taranaki Registry.

    (2) The land referred to in this subsection is hereby vested in the Corporation freed from all trusts, reservations, and restrictions to hold the same for municipal purposes heretofore affecting the same. The land to which this subsection relates is more particularly described as follows:

    All those areas of land in the Taranaki Land Registration District being:

    Firstly, Sections 2, 3, and 4 and that part of Section 1, shown as Lot 2 on Deposited Plan Number 8641, Block XXVI, Town of Opunake, having a total area of 3 roods 20 and nineteen-hundredth perches, more or less, being the balance of the land comprised in certificate of title, Volume 120, folio 140, Taranaki Registry.

    Secondly, Section 9, Block XXXVIII, Town of Opunake, having an area of 1 rood, more or less, being all of the land comprised in certificate of title, Volume 191, folio 100, Taranaki Registry.

    Thirdly, Section 9, Block XXVII, Town of Opunake, having an area of 1 rood and three-tenths of a perch, more or less, being all of the land comprised in certificate of title, Volume 147, folio 152, Taranaki Registry.

    (3) The land referred to in this subsection is hereby vested in the Corporation freed from all trusts, reservations, and restrictions to hold the same as an endowment for municipal purposes heretofore affecting the same. The land to which this subsection relates is more particularly described as follows:

    All those areas of land in the Taranaki Land Registration District being:

    Firstly, Sections 1 and 3, Block XXVI, Town of Opunake, having an area of 2 roods, more or less, being all of the land comprised in certificate of title, Volume 138, folio 232, Taranaki Registry.

    Secondly, parts Sections 1, 31, and 46, Opunake Suburban, being Lot 1 on Deposited Plan Number 8659 and Lot 2 on Deposited Plan Number 9250, being parts of Section 1, Opunake Suburban, and having an area of 32 acres 3 roods 15 and one-tenth perches, more or less, and being the balance of the land comprised in certificate of title, Volume 81, folio 200, Taranaki Registry.

    Thirdly, Lot 1 on Deposited Plan Number 9250, being part Section 1, Opunake Suburban, and having an area of 32 perches, more or less, and being all of the land comprised in certificate of title, Volume A2, folio 28, Taranaki Registry.

    Fourthly, Sections 2, 4, 5, 6, 7, 8, 10, 11, and 12, Block XXVII, Sections 1, 2, 3, and 4, Block XXVIII, Town of Opunake, having an area of 3 acres 1 rood, more or less, and being all of the land comprised in certificate of title, Volume 116, folio 129, Taranaki Registry.

    Fifthly, Sections 2, 3, 4, 5, 6, 7, 8, 9, and 10, Block XXII, Town of Opunake, having an area of 2 acres and 34 perches, more or less, and being all of the land comprised in certificate of title, Volume 116, folio 128, Taranaki Registry.

    Sixthly, Sections 1, 2, 4, 5, 6, 7, 8, 9, 10, 11, and 12, Block IX, Sections 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, and 12, Block X, Town of Opunake, having an area of 5 acres 3 roods, more or less, and being the balance of the land comprised in certificate of title, Volume 116, folio 130, Taranaki Registry.

    (4) The land referred to in this subsection is hereby vested in the Corporation freed from all trusts, reservations, and restrictions to hold the same as a site for a market heretofore affecting the same, and is more particularly described as follows:

    That area of land in the Taranaki Land Registration District being Sections 9 and 10, Block XL, Town of Opunake, having an area of 2 roods, more or less, being all of the land comprised in certificate of title, Volume 12, folio 236, Taranaki Registry.

    (5) The land referred to in this subsection is hereby vested in the Corporation freed from all trusts, reservations, and restrictions to hold as a site for a pound heretofore affecting the same, and is more particularly described as follows:

    That area of land in the Taranaki Land Registration District being part of Section 8, Block IX, Opunake Survey District, having an area of 1 acre, more or less, being all of the land comprised in certificate of title, Volume 20, folio 191, Taranaki Registry.

    (6) The District Land Registrar for the Taranaki Land Registration District is hereby authorised and directed to accept such documents for registration, to make such entries in the registers, and to do all such other things as may be necessary to give effect to this section.

5 Validating advances to Ohoka Drainage District Account from County Fund Account by Eyre County Council
  • Whereas on 1 April 1952, the Eyre County Council (in this section referred to as the Council) constituted a special drainage district within the County of Eyre known as the Ohoka Drainage District: And whereas since the constitution of the said Ohoka Drainage District the Council has carried out drainage works in the said district: And whereas to assist with the financing of such works the Council over the period from 1 April 1952 to 31 March 1964, made advances amounting in the aggregate to the sum of 6,000 pounds from its County Fund Account to the Ohoka Drainage District Account pursuant to the provisions of subsection (1) of section 31 of the Local Authorities Loans Act 1956: And whereas such advances were made by the Council without first complying with the provisions of subsection (3) of the said section 31: And whereas it is desirable that the action of the Council in making such advances be validated: Be it therefore enacted as follows:

    (1) The action of the Council in advancing money amounting in the aggregate to the sum of 6,000 pounds from its County Fund Account to the Ohoka Drainage District Account over the period from 1 April 1952 to 31 March 1964, for the purpose of financing the construction of drainage works in the Ohoka Drainage District of the Eyre County without first complying with the provisions of subsection (3) of section 31 of the Local Authorities Loans Act 1956, is hereby validated and such advances shall be deemed to have been lawfully made.

    (2) The said advances shall be repaid to the County Fund Account on such terms and conditions as the Local Authorities Loans Board may approve.

6 Validating variation of terms of raising certain loan money by Hutt County Council
  • Whereas by Order in Council made on 2 November 1960, consent was given to the borrowing by the Hutt County Council (in this section referred to as the Council) of a loan of 75,500 pounds to be known as the Maoribank–Te Marua Water Supply Loan 1960 (in this section referred to as the first loan): And whereas the Local Authorities Loans Board (in this section referred to as the Board) determined that the first loan should be borrowed for a term of 30 years at a rate of interest not to exceed four and seven-eighths per cent per annum: And whereas the Council borrowed as parts of the first loan the sum of 2,800 pounds for a term of 6 years with interest at a rate of 5% per annum and the sum of 11,200 pounds for a term of 10 years with interest at a rate of five and one-quarter per cent per annum: And whereas the Board determined that the first loan or any part thereof together with interest should be repaid by equal aggregate annual or half-yearly instalments extending over the term thereof: And whereas the Council has made provision for repayment of the said sums of 2,800 pounds and 11,200 pounds by establishing a sinking fund with annual payments thereto at the rate of 1 pound 14 shillings and 2 pence per cent per annum of the combined amount of those sums for the time being borrowed and not repaid: And whereas the Council incurred underwriting fees of one-half per cent in respect of the said sums of 2,800 pounds and 11,200 pounds without obtaining authority for the payment of such fees: And whereas the Board determined that no money should be borrowed in respect of the first loan after 16 August 1963: And whereas the Council borrowed the said sums of 2,800 pounds and 11,200 pounds after the said day: And whereas by Order in Council made on 20 September 1961, consent was given to the borrowing by the Council of a loan of 231,000 pounds to be known as the Plimmerton–Paremata Sewerage Reticulation Loan 1961 (in this section referred to as the second loan): And whereas the Board determined that the said second loan should be borrowed for a term of 30 years at a rate of interest not to exceed 5% per annum: And whereas the Council borrowed the sum of 17,400 pounds as part of the second loan for a term of 6 years with interest at a rate of 5% per annum and the sum of 69,600 pounds as part of the second loan for a term of 10 years with interest at a rate of five and one-quarter per cent per annum: And whereas the Board determined that the second loan or any part thereof together with interest should be repaid by equal aggregate annual or half yearly instalments extending over the term thereof: And whereas the Council has made provision for repayment of the said sums of 17,400 pounds and 69,600 pounds by establishing a sinking fund with annual payments thereto at the rate of 1 pound 14 shillings and 2 pence per cent per annum of the combined amount of those sums for the time being borrowed and not repaid: And whereas the Council incurred underwriting fees of one-half per cent in respect of the said sums of 17,400 pounds and 69,600 pounds without obtaining authority for the payment of such fees: And whereas the Board determined that no money should be borrowed in respect of the second loan after 29 June 1964: And whereas the Council borrowed the said sums of 17,400 pounds and 69,600 pounds after the said day: And whereas by Order in Council made on 20 September 1961, consent was given to the borrowing by the Council of a loan of 50,000 pounds to be known as the Wainuiomata Roading Improvement Loan 1961 (in this section referred to as the third loan): And whereas the Board determined that the term for which the said third loan or any part thereof should be borrowed should be 23 years and the rate of interest should not exceed 5% per annum: And whereas the Council borrowed the sum of 2,000 pounds as part of the third loan for a term of 6 years with interest at a rate of 5% per annum and the sum of 8,000 pounds as part of the third loan for a term of 10 years with interest at a rate of five and one-quarter per cent per annum: And whereas the Board determined that the Council should establish a sinking fund to provide for repayment of the third loan or any part thereof and should make annual payments to such sinking fund at a rate of not less than 2 pounds 16 shillings and 4 pence per cent per annum of the amount of that loan for the time being borrowed and not repaid: And whereas the Council has established a sinking fund but with annual payments thereto at the rate of 2 pounds 13 shillings per cent per annum of the combined amount of the said sums of 2,000 pounds and 8,000 pounds for the time being borrowed and not repaid: And whereas the Council incurred underwriting fees of one-half per cent in respect of the said sums of 2,000 pounds and 8,000 pounds without obtaining authority for the payment of such fees: And whereas the Board determined that no money should be borrowed in respect of the third loan after 29 June 1964: And whereas the Council borrowed the said sums of 2,000 pounds and 8,000 pounds after the said day: And whereas it is desirable that the actions of the Council be validated: Be it therefore enacted as follows:

    (1) The action of the Council in raising the said sums of 2,800 pounds and 11,200 pounds, as part of the first loan, otherwise than in accordance with the conditions determined by the Board, is hereby validated, and the said sums shall be deemed to have been lawfully borrowed and all stock issued in respect thereof shall be deemed to have been lawfully issued and shall have full force and effect according to its tenor.

    (2) The action of the Council in raising the said sums of 17,400 pounds and 69,600 pounds, as part of the second loan, otherwise than in accordance with the conditions determined by the Board, is hereby validated, and the said sums shall be deemed to have been lawfully borrowed and all stock issued in respect thereof shall be deemed to have been lawfully issued and shall have full force and effect according to its tenor.

    (3) The action of the Council in raising the said sums of 2,000 pounds and 8,000 pounds, as part of the third loan, otherwise than in accordance with the conditions determined by the Board, is hereby validated, and the said sums shall be deemed to have been lawfully borrowed and all stock issued in respect thereof shall be deemed to have been lawfully issued and shall have full force and effect according to its tenor.

7 Reopening and vesting Paekakariki Cemetery in Hutt County Council
  • Whereas the Paekakariki Cemetery being the land described in subsection (2) was gifted by the original owners to the Chairman, Councillors, and Inhabitants of the County of Hutt for the purposes of a cemetery reserve: And whereas by Order in Council made on 17 June 1942, the said Paekakariki Cemetery was closed and burials therein were discontinued as from 1 January 1943, and also the said cemetery was vested in the Wellington Hospital Board as a public reserve under the provisions of section 78 of the Cemeteries Act 1908: And whereas it is desirable that the said land should once more be used as a cemetery and that it be revested for such purpose in the Chairman, Councillors, and Inhabitants of the County of Hutt and reopened as a cemetery: Be it therefore enacted as follows:

    (1) Notwithstanding anything to the contrary in the Cemeteries Act 1908, or in any other Act, or rule of law, the Order in Council made on 17 June 1942, ordering the closure of the Paekakariki Cemetery and the discontinuance of burials therein and vesting the land described in subsection (2) in the Wellington Hospital Board as a public reserve under the provisions of section 78 of the Cemeteries Act 1908, be and the same is hereby revoked, and the said land is hereby declared to be vested in the Chairman, Councillors, and Inhabitants of the County of Hutt for the purposes of a cemetery.

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

    All that parcel of land in the Wellington Land District containing 1 acre 2 roods 25 perches and six-tenths of a perch, more or less, being Lot 2, Deposited Plan Number 10816, being part Sections 32 and 36, Wainui District, and part Ramaroa Maori Reserve situated in Block II, Paekakariki Survey District, and being all the land comprised and described in certificate of title, Volume 445, folio 211, Wellington Registry.

8 Validating rates made and levied by Malvern County Council
  • Whereas on and from 1 April 1963, the County of Malvern and part of the County of Selwyn were amalgamated pursuant to the provisions of the Local Government Commission Act 1961 under the name of the County of Malvern: And whereas the final scheme for amalgamation provided that the united County of Malvern would for a period of at least 3 years levy rates under the provisions of subsection (1) of section 110 of the Counties Act 1956: And whereas the said subsection (1) of section 110 provides that before making a general rate a Council may by special order resolve that the general rate shall be made and levied separately in each of the former counties for such period not exceeding 10 years as specified in the special order: And whereas before making the general rate for the year ending 31 March 1964, and the year ending 31 March 1965, the Malvern County Council (in this section referred to as the Council) omitted to make and pass the special order as provided in the said subsection (1) of section 110: And whereas notwithstanding this omission the Council made and levied a general rate separately for each of the former Counties of Malvern and Selwyn for the years ending 31 March 1964, and 31 March 1965, and desires to continue to do so for a further period ending with 31 March 1971: And whereas it is now necessary to validate the general rates made by the Council for the years ending 31 March 1964, and 31 March 1965, and to authorise the Council to make and levy all future general rates separately as aforesaid for the balance of the said period up to and including the year ending 31 March 1971: Be it therefore enacted as follows:

    The general rates made and levied by the Council of the County of Malvern separately in each of the former Counties of Malvern and Selwyn for the years ending 31 March 1964, and 31 March 1965, are hereby deemed to have been lawfully made and levied and it shall be lawful for the Council to make and levy a general rate separately in each of the former Counties of Malvern and Selwyn for a further period of 6 years ending with 31 March 1971.

9 Authorising Otamatea County Council to raise special loan in connection with Maungaturoto Water Supply
  • Whereas the Local Authorities Loans Board gave its sanction to the Otamatea County Council (in this section referred to as the Council) to raise a loan of 42,000 pounds known as the Maungaturoto Water Supply Loan 1960 (in this section referred to as the loan) for the purpose of providing a water supply system to the county town of Maungaturoto: And whereas the Council has expended the sum of 47,527 pounds in completing the said water supply of which sum the sum of 5,527 pounds has been expended out of its County Fund Account: And whereas it is desirable to authorise the Council to raise a special loan not exceeding the sum of 5,527 pounds for the purpose of recouping its County Fund Account in respect of money expended therefrom as aforesaid: Be it therefore enacted as follows:

    The Council is hereby authorised and empowered to borrow by way of special loan under the Local Authorities Loans Act 1956 an amount not exceeding 5,527 pounds for the purpose of refunding to its County Fund Account the money expended from that account in completing the said water supply.

10 Authorising Otorohanga County Council to strike separate drainage rates to recoup past expenditure on maintenance
  • Whereas the Otorohanga County Council (in this section referred to as the Council) in or about the year 1938 formed the Mangaoronga Special Drainage Area within the boundaries of the County of Otorohanga and constructed therein certain drainage works from loan money, private contributions, and a Government subsidy: And whereas no sanitary and stormwater drainage rate in respect of such drainage works has ever been made or levied and the Council has expended on maintenance of the said drainage works the sum of 1,221 pounds 17 shillings and 10 pence from its County Fund Account: And whereas in 1957 the Council formed the Waitomo River Special Drainage District and the Kiokio Special Drainage District within the boundaries of the said county and constructed certain drainage works in each district with the aid of private contributions: And whereas no sanitary and stormwater drainage rate in respect of such drainage works has ever been made or levied and the Council has expended on maintenance of the said drainage works the sums of 434 pounds 15 shillings and 7 pence in respect of the Waitomo River Special Drainage District and 515 pounds 13 shillings and 7 pence in respect of the Kiokio Special Drainage District from its County Fund Account: And whereas it is desirable that the Council be empowered to levy such separate rates as will recoup the money expended from its County Fund Account on the maintenance of the said drainage works in the aforesaid districts but it has no authority to do so: Be it therefore enacted as follows:

    (1) The Council is hereby authorised and empowered to make and levy in the Mangaorongo Special Drainage District, either alone or in conjunction with any future separate rate, such rate as will within a period of 9 years recoup to its County Fund Account the sum of 1,221 pounds 17 shillings and 10 pence expended therefrom on the maintenance of drainage works in that district.

    (2) The Council is hereby authorised and empowered to make and levy in the Waitomo River Special Drainage District, either alone or in conjunction with any future separate rate, such rate as will within a period of 5 years recoup to its County Fund Account the sum of 434 pounds 15 shillings and 7 pence expended therefrom on the maintenance of drainage works in that district.

    (3) The Council is hereby authorised and empowered to make and levy in the Kiokio Special Drainage District either alone or in conjunction with any future separate rate, such rate as will over a period of 5 years recoup to its County Fund Account the sum of 515 pounds 13 shillings and 7 pence expended therefrom on the maintenance of drainage works in that district.

11 Amending section 9 of the Local Legislation Act 1960
  • [Repealed]

    Section 11: repealed, on 28 October 1965, by section 17(6)(b) of the Local Legislation Act 1965 (1965 No 122).

12 Authorising Southland County Council to sell certain land
  • Whereas the Chairman, Councillors, and Inhabitants of the County of Southland (in this section referred to as the Corporation) is the registered proprietor of an estate in fee simple of the land firstly described in subsection (4), in trust for a site for a soldiers' memorial: And whereas the Soldiers' Memorial hitherto erected on the said land has been removed and erected on part of the land secondly described in the said subsection, which is held by the Corporation in trust for a War Memorial Community Centre: And whereas the Corporation is desirous of selling the land firstly described in the said subsection and applying the proceeds of such sale in or towards the maintenance of the Soldiers' War Memorial at Dipton and for the general purposes of the Dipton War Memorial Community Centre erected on the land secondly described in the said subsection: And whereas it is expedient to authorise the Corporation to sell the land firstly described in the said subsection and apply the proceeds as aforesaid: Be it therefore enacted as follows:

    (1) The Corporation may, without further authority than this section, sell the land firstly described in subsection (4), or any part of that land, by public auction or public tender, and on the sale of any such land all trusts and reservations theretofore affecting the same shall be deemed to be cancelled.

    (2) The proceeds of the sale of the land firstly described in subsection (4) shall be applied by the Corporation in or towards the maintenance of the Soldiers' War Memorial at Dipton and for the general purposes of the War Memorial Community Centre erected on the land secondly described in the said subsection.

    (3) The District Land Registrar for the Southland Land Registration District is hereby authorised and directed to accept such documents for registration, to make such entries in the registers, and to do all such other things as may be necessary to give effect to this section.

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

    Firstly, all that area of land containing 1 acre, more or less, being Lot 1 on plan filed in the office of the Chief Surveyor at Invercargill and numbered 4601, being also part of Section 2, Block IX, Town of Dipton, and being all the land comprised in certificate of title, Volume 129, folio 204A, Southland Registry.

    Secondly, all those areas of land containing together 2 roods, being Lots 8 and 9, Block I, on plan deposited in the Land Registry Office at Invercargill as number 69, being also parts of Section 369, District of Hokonui, and being all the land comprised in certificates of title, Volume 21, folio 145, and Volume 36, folio 130, Southland Registry.

13 Authorising Maniototo County Council to raise special loan and refund County Fund Account from loan money
  • Whereas before the Maniototo County Council (in this section referred to as the Council) obtained authority to raise a loan of 20,000 pounds known as the Bridges Loan 1964 it expended from its County Fund Account the sum of 5,065 pounds for certain purposes for which the loan was to be used: And whereas the Local Authorities Loans Board has now granted its sanction to the raising of the Bridges Loan 1964: And whereas the money raised by the Bridges Loan 1964 will be required for bridges work and the Local Authorities Loans Board has no authority to sanction the refunding of the money already expended by the Council: And whereas it is desirable that the Council be empowered to raise a special loan of the said sum of 5,065 pounds for the purpose of refunding its County Fund Account: Be it therefore enacted as follows:

    The Council is hereby authorised to borrow, by way of special loan under the Local Authorities Loans Act 1956, the sum of 5,065 pounds and to refund the said sum when raised to its County Fund Account.

14 Authorising Tauranga County Council to pay certain money to Tauranga City Council
  • Whereas the Tauranga County Council (in this section referred to as the Council) resolved on 4 February 1963, to pay to the Tauranga Borough Council from money received by the Council under section 28 of the Counties Amendment Act 1961, a sum of 5,000 pounds towards the cost of a youth centre to be erected within the boundaries of the Tauranga Borough to commemorate the visit of Her Majesty the Queen and His Royal Highness the Duke of Edinburgh to Tauranga in February 1963: And whereas payment of 2,250 pounds has been made by the Council but it has no authority to pay the remainder of the said sum of 5,000 pounds, namely, the sum of 2,750 pounds: And whereas it is desirable to authorise the Council to pay the said sum of 2,750 pounds to the Tauranga City Council from money held under section 28 of the Counties Amendment Act 1961: Be it therefore enacted as follows:

    The Tauranga County Council is hereby authorised to pay to the Tauranga City Council the sum of 2,750 pounds from money received under section 28 of the Counties Amendment Act 1961.

15 Authorising Waimate West County Council to raise loan under Rural Housing Act 1939
  • Whereas the Waimate West County Council has vested in it as lessee from the Crown an experimental farm property being Lot 19 on Deposited Plan Number 4321, and being part Section 32, Block III, Waimate Survey District (in this section referred to as the farm property): And whereas the Council is erecting on the farm property a dwelling for the accommodation of farm labour: And whereas the Council desires to borrow the sum of 3,000 pounds for this purpose under the Rural Housing Act 1939 but has no power to do so: Be it therefore enacted as follows:

    Notwithstanding anything to the contrary in the Rural Housing Act 1939, the Council is hereby authorised to borrow from the State Advances Corporation of New Zealand in terms of that Act the sum of 3,000 pounds for the purpose of erecting a dwelling for farm labour on the farm property.

16 Authorising Whakatane County Council to raise special loan
  • Whereas the Whakatane County Council (in this section referred to as the Council) has made sundry advances to farmers under the provisions of the Rural Housing Act 1939 out of the County Fund Account of the Council: And whereas the principal sums outstanding on such advances as at 30 June 1964, amount in the aggregate to 7,500 pounds: And whereas it is desirable that the Council be empowered to raise by special loan an amount not exceeding 7,500 pounds for the purpose of recouping its County Fund Account in respect of the sums advanced from that account as aforesaid: Be it therefore enacted as follows:

    The Council is hereby authorised and empowered to borrow by way of special loan under the Local Authorities Loans Act 1956 an amount not exceeding 7,500 pounds for the purpose of refunding to its County Fund Account the sums advanced from that account as aforesaid.

City and borough councils

17 Provision with respect to certain land held by Auckland City Council
  • [Repealed]

    Section 17: repealed, on 12 November 1971, by section 12(1) of the Auckland Improvement Trust 1971 (1971 No 9 (L)).

18 Authorising Christchurch City Council to raise special loan
  • Whereas the Christchurch City Council (in this section referred to as the Council) has entered into an agreement with the Minister of Works pursuant to section 31 of the Finance Act (No 3) 1944 providing for the carrying out of certain works in a reclamation area under the Housing Improvement Act 1945: And whereas the Council has made payments exceeding the sum of 52,000 pounds out of its District Fund Account in connection with the acquisition of land pursuant to the said agreement: And whereas it is desirable that the Council be empowered to raise a special loan of not more than 50,000 pounds for the purpose of recouping its District Fund Account in respect of the sums expended from that account as aforesaid: Be it therefore enacted as follows:

    The Council is hereby authorised to borrow by way of special loan under the Local Authorities Loans Act 1956, and notwithstanding anything in section 34 of that Act and without the prior consent of the ratepayers, an amount not exceeding 50,000 pounds for the purpose of refunding to its District Fund Account money expended from that account as aforesaid.

19 Validating variation of terms of raising certain loan money by Christchurch City Council
  • Whereas by Order in Council dated 26 November 1962, consent was given to the raising by the Christchurch City Council (in this section referred to as the Council) of a loan of 248,000 pounds to be known as the Parking Building Loan 1962 (in this section referred to as the loan): And whereas one of the conditions determined by the Local Authorities Loans Board in respect of raising a sum of 12,000 pounds as part of the loan was that the sum should be borrowed for a term of 10, 20, 25, 30, or 35 years at the discretion of the Council: And whereas the Council raised such sum of 12,000 pounds for a term of 15 years: And whereas it is desirable to validate the action of the Council in raising the said sum otherwise than in accordance with the conditions determined by the Local Authorities Loans Board: Be it therefore enacted as follows:

    The action of the Council in raising the sum of 12,000 pounds as part of the loan, otherwise than in accordance with conditions determined by the Local Authorities Loans Board, is hereby validated and the said sum of 12,000 pounds shall be deemed to have been lawfully borrowed and all stock issued in respect thereof shall be deemed to have been lawfully issued and shall have full force and effect according to its tenor.

20 Authorising the Dunedin City Council to make ex gratia payment in respect of a contract
  • Whereas by an agreement dated 1 August 1962, made between McKinlay Bros. Limited, a duly incorporated company having its registered office in Dunedin, contractors (in this section referred to as the contractor), of the one part, and the Mayor, Councillors, and Citizens of the City of Dunedin (in this section referred to as the Corporation), of the other part, the contractor agreed to perform certain works in respect of the reconstruction of part of London Street: And whereas in the execution of the said works the contractor encountered certain unforeseen difficulties and suffered loss: And whereas the Corporation, having regard to these difficulties and to the hardship which the contractor would otherwise suffer, is desirous of making a payment of 900 pounds to the contractor: Be it therefore enacted as follows:

    The Corporation is hereby authorised and empowered to pay the sum of 900 pounds to the contractor by way of compensation in respect of part of the loss incurred by the contractor.

21 Validating certain expenditure incurred by Kawerau Borough Board of Commissioners in connection with flood disaster in the Borough of Opotiki
  • The expenditure by the Kawerau Borough Board of Commissioners during the financial year ended on 31 March 1964, of the sum of 1,000 pounds as a donation to the Mayor, Councillors, and Citizens of the Borough of Opotiki for flood disaster relief work is hereby validated and declared to have been lawfully made.

22 Provision with respect to overdraft of Opotiki Borough Council
  • Whereas the Opotiki Borough Council (in this section referred to as the Council) has from time to time borrowed and owed money and incurred liabilities in excess of the limits prescribed by the Local Authorities Loans Act 1956: And whereas at 31 March 1963, 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 11,714 pounds 4 shillings and 10 pence: And whereas it is desirable to make provision in the manner hereinafter appearing: Be it therefore enacted as follows:

    (1) Notwithstanding anything to the contrary in section 20 of the Local Authorities Loans Act 1956, 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 by that section and included in the aforesaid sum of 11,714 pounds 4 shillings and 10 pence shall be deemed to have been at all times lawfully borrowed, owed, and incurred by the Council.

    (2) The Council is hereby authorised and empowered to borrow from its bankers, by way of special overdraft, the sum of 10,000 pounds to be applied in reduction of those liabilities.

    (3) The Council shall repay the sum of 10,000 pounds by 10 equal payments, one such payment to be made in each year during the period of 10 years commencing on 1 April 1964, and for the purpose of providing the sum necessary to meet the payments the Council shall in each of those years without further authority than this section make and levy a separate rate on all rateable property in the Borough of Opotiki of such amount as may be necessary to produce the sum required:

    provided that the Council may in any year repay out of its General Account a further amount that will increase the repayment in that year to an amount greater than a tenth part.

    (4) Any separate rate made under this section shall not be taken into account in determining the total amount of separate rates that may be made and levied in the Borough pursuant to section 93 of the Municipal Corporations Act 1954.

    (5) The said sum of 10,000 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.

    (6) No part of that sum shall hereafter be taken into account in determining the amount that may be borrowed or that may be owed by the Council pursuant to section 20 of the Local Authorities Loans Act 1956.

23 Validating certain expenditure incurred by Rotorua City Council in connection with city celebrations
  • The expenditure by the Rotorua City Council during the financial year ended on 31 March 1962, of 38 pounds 17 shillings and 3 pence, during the financial year ended on 31 March 1963, of 6,220 pounds 7 shillings and 8 pence, during the financial year ended on 31 March 1964, of 2,384 pounds 9 shillings and 6 pence, during the financial year ending on 31 March 1965, of 191 pounds 11 shillings and 7 pence in connection with celebrating the attainment of city status is hereby validated and declared to have been lawfully incurred.

24 Authorising Tauranga City Council to repay abattoir loans from Abattoir Depreciation Fund
  • Whereas the Tauranga City Council (in this section referred to as the Council) conducts the undertaking of an abattoir (in this section referred to as the old abattoir) serving the City of Tauranga and its surrounding districts under the provisions of the Meat Act 1964 (in this section referred to as the Act): And whereas the Council has from time to time raised loans for the purposes of such abattoir and certain of such loans have not been repaid: And whereas the Council has established and maintained a Depreciation Fund in respect of such abattoir and appointed the Public Trustee the sole Commissioner of such fund: And whereas the Council and certain other local authorities agreed to the establishing and maintaining of a new abattoir and have appointed a committee as the controlling authority of such new abattoir: And whereas the committee has delegated its powers to establish and maintain the new abattoir to the Auckland Farmers Freezing Cooperative Limited, a duly incorporated company (in this section referred to as the company): And whereas upon the establishment of the new abattoir by the company the Council will close down the old abattoir and the said Depreciation Fund will no longer be required for the purposes for which it was established: And whereas the Council desires to apply the money in the said Depreciation Fund towards the repayment of the loans raised in respect of the old abattoir but has no authority to do so: And whereas it is expedient that the Council should be empowered to do so: And whereas a sum of 1,781 pounds 16 shillings and 4 pence being the balance of a loan raised by the Council known as the Abattoir Additional Loan 1953 of 2,500 pounds falls due for repayment on 1 January 1965, and various other sums in respect of other loans relating to the old abattoir fall due on divers later dates: Be it therefore enacted as follows:

    (1) The Public Trustee is hereby authorised and directed to pay to the Council such sums as comprise the aforesaid Depreciation Fund and upon such payment the Public Trustee shall not be responsible for the application thereof.

    (2) The Council is hereby empowered to receive such sums as comprise the aforesaid Depreciation Fund and to apply therefrom the sum of 1,781 pounds 16 shillings and 4 pence in repayment of the Abattoir Additional Loan 1953 on 1 January 1965, and thereafter from time to time to apply the balance of such sums in the repayment of the said other loans.

25 Vesting certain harbour land in Thames Borough Council for the purposes of pensioner housing and validating payment for such land
  • Whereas the Thames Harbour Act 1936 dissolved the Thames Harbour Board (in this section referred to as the Board) and vested all its property, real and personal, in the Corporation of the Borough of Thames for the estate and interest of the Board therein: And whereas the Thames Borough Council (in this section referred to as the Council) thereupon became registered as proprietor of an estate in fee simple being the land described in subsection (4) (in this section referred to as the land): And whereas the land was acquired by purchase by the Board as a site for administration offices but the land is no longer required by the Council for that purpose: And whereas the Council is desirous of utilising the said land for the purpose of erecting pensioner housing thereon but has no authority to do so: And whereas the Council has transferred the sum of 400 pounds from its General Account to its Harbour Account as the purchase price of the land: And whereas the Council had no power to make such a payment: Be it therefore enacted as follows:

    (1) The land is hereby declared to be vested in the Council for the purposes of pensioner housing, freed and discharged from all trusts, reservations, and restrictions affecting the same immediately before the passing of this Act.

    (2) The District Land Registrar for the South Auckland Land Registration District is hereby authorised and directed, without any fee being payable by the Council, to make such entries in his register and to do all such other things as may be necessary to give effect to the provisions of this section.

    (3) The action of the Council in transferring the sum of 400 pounds from its General Account to its Harbour Account as the purchase price of the said land is hereby validated.

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

    All that parcel of land containing 17 perches, more or less, being Lots 162 and 179 of the Kauaeranga Numbers 8 and 13 Blocks, situated in Block IV, Thames Survey District, and being all the land comprised and described in certificate of title, Volume 559, folio 294, South Auckland Registry, limited as to parcels.

26 Provision with respect to expenditure by Waikouaiti Borough Council on centennial celebrations
  • (1) The Waikouaiti Borough Council (in this section referred to as the Council) is hereby authorised to establish a separate Bank Account to be known as the Centennial Fund Account (in this section referred to as the Fund) and to pay into the Fund in each financial year until the year ending on 31 March 1967, a sum not exceeding 100 pounds.

    (2) The money in the Fund shall be expended by the Council for the purpose of celebrating in the year 1966, the centennial of the founding of the Borough of Waikouaiti (in the year 1866 known as the Borough of West Hawksbury) and any sum remaining in the Fund after all expenses lawfully incurred in connection with the said centennial have been met, shall be transferred to the District Fund Account of the Council to the credit of the General Account.

27 Validating payment by Waimate Borough Council to Mona Ethel Firth
  • Whereas the Waimate Borough Council (in this section called the Council) during the year ended on 31 March 1964, made payment ex gratia to Mona Ethel Firth, of Waimate, widow of Dennis Vernon Victor Firth, deceased, a former Town Clerk to the Council, of the sum of 452 pounds 5 shillings and 4 pence as a compassionate allowance and in recognition of the services rendered to the Council by the said Dennis Vernon Victor Firth: And whereas the Council had no authority to make such a payment and it is desirable to validate the same: Be it therefore enacted as follows:

    The action of the Council in making payment of the sum of 452 pounds 5 shillings and 4 pence to Mona Ethel Firth is hereby validated and declared to have been lawful.

28 Suspension of annual appropriation of renewal fund in respect of tramway and power supply undertaking of Wellington City Council
  • Whereas the Wellington City Council (in this section referred to as the Council) by virtue of section 3 of the Wellington City Trading Departments' Reserve and Renewal Funds Act 1917 (as amended by section 3 of the Wellington City Empowering and Amendment Act 1922) is required to charge an annual appropriation to provide renewal funds for its tramway and power supply undertaking: And whereas the Council no longer operates a tramway system and payments from the said renewal funds have been greatly reduced: And whereas it is expedient that the Council suspend the annual appropriation in respect of the said tramway and power supply undertaking but it has no authority to do so: Be it therefore enacted as follows:

    It shall not be necessary for the Wellington City Council in respect of all or any of the financial years within the period commencing on 1 April 1964, and ending with 31 March 1975, to charge the annual appropriation in respect of the tramway and power supply undertaking of the Council prescribed by section 3 of the Wellington City Trading Departments' Reserve and Renewal Funds Act 1917 (as amended by section 3 of the Wellington City Empowering and Amendment Act 1922).

    Section 28: amended (with effect on 1 April 1972), on 20 October 1972, by section 2(1) of the Local Legislation Act 1972 (1972 No 38).

29 Provision with respect to certain land vested in Whangarei City Council
  • Whereas by Proclamation 10138 dated 9 January 1940, and published in the Gazette on the 18th day of the same month at page 45, land in Block IX, Whangarei Survey District, was taken under the provisions of Public Works Act 1928 and vested in the Mayor, Councillors, and Citizens of the City of Whangarei (hereinafter called the Council) for the purpose of the disposal of refuse and rubbish: And whereas the said land on 31 March 1958, was no longer capable of further use for the disposal of refuse and rubbish: And whereas part of the said land has been proclaimed a public road: And whereas it is desirable that the limitation on the use of the balance of the said land (which is described in subsection (4)) for the disposal of refuse and rubbish should be removed and that the land described in subsection (4) be vested in the Council from 31 March 1958, for its general purposes: And whereas on or about 31 March 1958, the Council entered into an agreement to grant a lease of the land firstly described in subsection (4) to C. R. Lovatt and Son Limited (a duly incorporated company having its registered office in Whangarei) for a term of 21 years commencing on 17 April 1958, and containing a perpetual right of renewal and subject to the conditions in the Public Bodies’ Leases Act 1908 and otherwise on the terms usually contained in leases of land in the City of Whangarei: And whereas the Council had no authority to enter into the said agreement to grant a lease of the said land firstly described in subsection (4) while it was subject to the aforesaid limitation as to use: And whereas it is desirable that the aforesaid agreement to lease be confirmed and validated: Be it therefore enacted as follows:

    (1) Notwithstanding anything in any Act or rule of law to the contrary the lands described in subsection (4) are hereby vested in, and shall be deemed to have been vested in the Mayor, Councillors, and Citizens of the City of Whangarei as from 31 March 1958, for the general purposes of the said City of Whangarei free from the limitation of the use thereof to the disposal of refuse and rubbish.

    (2) The agreement to grant a lease of the land firstly described in subsection (4) by the Council to the said C. R. Lovatt and Son Limited and any memorandum of lease entered into pursuant thereto is hereby confirmed and validated.

    (3) The District Land Registrar of the Land Registration District of North Auckland is hereby authorised to make such entries in the registers and do all such other things as may be necessary to give effect to the provisions of this section.

    (4) The lands hereinbefore referred to are described as follows:

    Firstly, that piece of land being part Section 13, Block IX, Whangarei Survey District, and being also Lot 2 on Deposited Plan Number 46338, and part Lots 1 and 3 on Deposited Plan Number 51492, and being part of the land described in certificate of title, Volume 1D, folio 331, North Auckland Registry.

    Secondly, that piece of land being part Section 13 and all Section 15, Block IX, Whangarei Survey District, and being also part Lot 3 on Deposited Plan Number 46338, and being part of the land described in certificate of title, Volume 1D, folio 332, North Auckland Registry.

    Thirdly, that piece of land being part Section 12, Block IX, Whangarei Survey District, and being part of the land described in certificate of title, Volume 1D, folio 333, North Auckland Registry.

Harbour boards

30 Validating refund to Harbour Fund Account from loan money by Otago Harbour Board
  • Whereas before the Otago Harbour Board (in this section referred to as the Board) obtained authority to the raising of a loan of 6,000 pounds to be known as the Port Development Loan 1963 (in this section referred to as the loan), the Board expended out of its Harbour Fund Account for the purposes for which the loan was to be raised the sum of 6,000 pounds: And whereas, when that authority had been obtained and the loan raised, the Board refunded to its Harbour Fund Account the proceeds of the loan: And whereas the Board had no authority to make such a refund and it is desirable to validate the same: Be it therefore enacted as follows:

    The action of the Board in refunding the said sum of 6,000 pounds to its Harbour Fund Account out of the proceeds of the said loan is hereby validated and declared to have been lawful.

31 Provision with respect to certain land reclaimed by Southland Harbour Board
  • Whereas the Southland Harbour Board (in this section referred to as the Board) is registered as the proprietor of an estate in fee simple in the land described in subsection (4) (in this section referred to as the land), being an island reclaimed from the sea: And whereas the Board is desirous of defining the limits and boundaries of the said land for the purposes of the Harbours Act 1950 (in this section referred to as the Act) as being the limits and boundaries of a wharf, and has applied to the Minister of Marine (in this section referred to as the Minister) under section 190 of the Act for his consent to that definition: And whereas doubts having arisen as to whether parts of the land can properly be regarded as forming portion of a wharf within the meaning of section 2 of the Act, the Board applied to the Corporation of the Chairman, Councillors, and Inhabitants of the County of Southland and the Corporation of the Mayor, Councillors, and Citizens of the Borough of Bluff (being the only local authorities which have or might have jurisdiction over the said land by virtue of section 171 of the Act) for their consent to the definition: And whereas the said Corporations have consented to the definition and it is desirable that the limits and boundaries of the land should be defined to be the limits and boundaries of a wharf: Be it therefore enacted as follows:

    (1) The limits and boundaries of the land are hereby defined to be the limits and boundaries of a wharf within the meaning of section 2 of the Act.

    (2) If any part or parts of the land is hereafter leased or otherwise disposed of to, or taken by, any person for any purpose which in the opinion of the Minister is not connected with the taking of passengers or goods on board of or their landing from vessels, the Minister may, by notice in the Gazette, declare that the part or parts of the land so leased or otherwise disposed of or taken shall cease to be within the limits and boundaries of a wharf, and the part or parts of the land referred to in the notice shall thereupon cease to be within the limits and boundaries of a wharf.

    (3) Any part or parts of the land which shall cease to be within the limits and boundaries of a wharf shall as from the date of such cessation be subject to the jurisdiction of the Corporation of the Mayor, Councillors, and Citizens of the Borough of Bluff under section 171 of the Act.

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

    All that piece of land in the Southland Land District containing 86 acres 1 rood 20 perches, more or less, being Section 41, Block 1, Campbelltown Hundred, and being all of the land comprised in certificate of title, Volume 235, folio 90, Southland Registry.

32 Authorising Whangarei Harbour Board to grant a lease
  • Whereas the land described in subsection (4) is vested in the Whangarei Harbour Board (in this section referred to as the Board): And whereas the Board is desirous of granting a perpetually renewable lease of the said land to the Whangarei City Council (in this section referred to as the Council) for the purpose of constructing a sewage treatment works on the said land: And whereas the Board is desirous of fixing a rental of 52 pounds per year for the first term of 21 years and a rental of 104 pounds per year for the second term in respect of the said land, and thereafter that such rental to be fixed in accordance with the provisions of the Public Bodies’ Leases Act 1908: And whereas the Board has no authority to grant a lease with the rental so fixed beyond the first term of 21 years: And whereas it is desirable that the Board be authorised to grant the proposed lease: And whereas part of the land referred to in subsection (4) is tidal land and neither the Board nor the Council has authority to reclaim tidal land: And whereas it is desirable that the Board and the Council be authorised to reclaim such land: Be it therefore enacted as follows:

    (1) Notwithstanding the provisions of sections 5 and 8 of the Public Bodies’ Leases Act 1908, the Board is hereby authorised to grant to the Council a lease of the land described in subsection (4), for a term of 21 years and providing for perpetual rights of renewal for successive periods of 21 years, at a rental of 52 pounds per year for the first term of 21 years and at a rental of 104 pounds per year for the second term of 21 years and for terms thereafter at rentals to be fixed in accordance with the provisions of the Public Bodies’ Leases Act 1908.

    (2) The Board is hereby authorised to execute all such deeds and documents and to do all such things as may be necessary for the effectual granting of the lease to the Council.

    (3) Subject to the provisions of sections 176 to 182 of the Harbours Act 1950, the Board or the Council is hereby authorised to reclaim all or any part of the land described in subsection (4). This subsection shall be deemed to be a special act for the purposes of the Harbours Act 1950.

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

    All that piece of land situated in the County of Whangarei containing 37 acres 3 roods 25 perches, more or less, being Lot 1, on Deposited Plan 50540, and being part Section 27, Block IX, Whangarei Survey District, and part Kioreroa Block, and being part of the land comprised in certificates of title, Volume 418, folio 91, and Volume 1111, folio 139, North Auckland Registry; excepting from the part Kioreroa Block, all minerals, mineral oils, gases, metal, coal, and valuable stones, on or under the said land: Subject, firstly, to the right of Her Majesty the Queen to take without compensation land which may be required for railway purposes; and, secondly, to the right of ingress, egress, and regress to the Whangarei High School Board and to all persons authorised by the said Board to work any minerals, mineral oils, gases, metal, coal, and valuable stones, on or under the said land; and, thirdly, to the right of the Whangarei High School Board to take and lay off a line of road 1 chain wide to connect Otaika Road with Simpsons Road crossing Limeburners Creek as provided for by subsection (1) of section 19 of the Reserves and other Lands Disposal and Public Bodies Empowering Act 1924.

Hospital boards

33 Validating expenditure incurred by the Auckland Hospital Board in connection with the official opening of National Women's Hospital
  • The expenditure incurred by the Auckland Hospital Board during the financial year ended on 31 March 1964, of the sum of 1,100 pounds in connection with the official opening of National Women's Hospital, is hereby validated and declared to have been lawfully incurred.

34 Authorising Vincent and Maniototo Hospital Boards to sell certain land
  • Whereas pursuant to section 34 of the Local Legislation Act 1949 the Vincent Hospital Board and the Maniototo Hospital Board (in this section referred to as the Boards) were registered jointly as proprietors of an estate in fee simple in all that area of land containing 6 acres, more or less, being part Section 9, Block IV, Lauder Survey District, and being all the land comprised and described in certificate of title, Volume 218, folio 12, Otago Registry: And whereas the said parcel of land with the dwelling thereon was transferred to the Boards for the purpose of providing a residence for a medical practitioner practising in and around Lauder: And whereas the said parcel of land is no longer required for such purpose and the Boards are desirous of selling the same: And whereas doubts have arisen as to the Boards' authority to sell the said land: And whereas the Boards have agreed to dispose of the said parcel of land to William James Clouston, farmer, of Lauder, and Robert John Knowles, taxation consultant, of Dunedin, for the sum of 2,345 pounds 10 shillings and it is expedient that the Boards be authorised to sell the said land: Be it therefore enacted as follows:

    The Boards are hereby authorised to sell their estate in the said parcel of land to the said William James Clouston and the said Robert John Knowles upon the terms above set forth and the proceeds of such sale shall be divided equally between and form part of the general funds of each Board.

Rabbit boards

35 Validating rates made and levied by Manawatu Rabbit Board
  • Whereas the Manawatu Rabbit District (in this section referred to as the district) was constituted by Order in Council dated 7 November 1923: And whereas the boundaries of the district were altered and redefined by Order in Council dated 4 December 1961, and published in the Gazette on the 14th day of the same month at page 1918: And whereas the said Order in Council omitted to describe the boundaries of the district completely: And whereas the boundaries of the district were further redefined by Order in Council dated 24 July 1963, and published in the Gazette on 1 August 1963, at page 1075: And whereas the Manawatu Rabbit Board (in this section referred to as the Board) made and levied a general rate within the district in respect of the year ended on 31 March 1963, and has imposed additional charges where such rate has not been paid in accordance with the provisions of section 76 of the Rating Act 1925: And whereas because of the incomplete description of the boundaries of the district doubts have arisen as to the validity of such rate and such additional charges: And whereas it is desirable that these doubts be removed: Be it therefore enacted as follows:

    The general rate made and levied by the Board for the year ended on 31 March 1963, as appearing in the rate book of the Board, shall be deemed to have been lawfully made and levied and the demands made for payment of the rate shall be deemed to be valid and to have been lawfully made and the additional charge imposed on the said rate pursuant to section 76 of the Rating Act 1925, shall be deemed to have been lawfully imposed.

36 Validating refund to General Account by Otama Rabbit Board
  • Whereas, before authority was obtained to the raising of a loan of 4,000 pounds to be known as the Staff Housing Loan 1961 (in this section referred to as the loan), the Otama Rabbit Board (in this section referred to as the Board) expended out of its General Account, for certain purposes for which the loan was to be raised, money amounting in the aggregate to the sum of 3,750 pounds: And whereas the loan has since been raised and the Board has refunded the said sum to its General Account out of the proceeds of the loan: And whereas the Board had no authority to make such a refund and it is desirable to validate the same: Be it therefore enacted as follows:

    The action of the Board in refunding the sum of 3,750 pounds to its General Account out of the proceeds of the loan is hereby validated and declared to have been lawful.

Affecting 2 or more classes of public bodies

37 Sewerage agreements between City of Hastings and Borough of Havelock North
  • Whereas the Corporation of the City of Hastings (in this section referred to as the City Corporation) has main drains and sewers through an area of the Hawke's Bay County known as Whakatu extending to the sea: And whereas the Corporation of the Borough of Havelock North (in this section referred to as the Borough Corporation) is desirous of connecting its sewerage system to that of the City Corporation at Whakatu: And whereas the City Corporation and the Borough Corporation are parties to a deed dated 22 June 1964, whereby the parties have agreed that the Borough Council may connect its sewerage system to the sewerage system of the City Corporation at Whakatu as aforesaid for a period of 25 years upon the terms and conditions contained in the said deed: And whereas doubt has arisen as to whether the City Corporation may be at liberty to disconnect the Borough Corporation's sewerage system during the period covered by the said deed other than by virtue of the expressed conditions contained therein: And whereas it is expedient that the City Corporation should not have such power except in accordance with the expressed conditions of the said deed: Be it therefore enacted as follows:

    Notwithstanding the provisions contained in subsection (2) of section 223 of the Municipal Corporations Act 1954, or in any other enactment, the City Corporation shall have no power to disconnect the sewerage system of the Borough Corporation from the sewerage and drainage system of the City Corporation except in accordance with the terms and conditions contained in the said deed.

38 Vesting certain land in Tauranga City Council and authorising Tauranga City Council to reclaim certain land from the sea
  • Whereas the land described in paragraph (a) of subsection (2) and in subsections (3) and (4) is vested in the Tauranga Harbour Board (in this section referred to as the Board): And whereas it is expedient that the land described in paragraph (a) of subsection (2) be vested in the Mayor, Councillors, and Citizens of the City of Tauranga (in this section referred to as the Corporation) for municipal purposes: And whereas the land described in subsection (5) is vested in Her Majesty the Queen for railway purposes: And whereas the land described in paragraph (a) of subsection (2) and in subsections (3) and (5) is tidal land and it is expedient that such land should be reclaimed from the sea: And whereas the Corporation desires to reclaim the land described in paragraph (a) of subsection (2) but it has no authority to do so: And whereas to facilitate the reclamation of the land described in paragraph (a) of subsection (2) it is desirable that the Corporation be authorised to reclaim the land referred to in subsections (3) and (5) on behalf of the Board and Her Majesty the Queen respectively: And whereas the land described in subsection (4) has been reclaimed by persons unknown without authority and it is desirable that such reclamation be validated in the name of the Board: Be it therefore enacted as follows:

    (1) This section shall be deemed to be a special Act for the purposes of the Harbours Act 1950.

    (2) 

    • (a) All that area of land in the South Auckland Land Registration District situated in Tauranga County, containing 6 acres and 3 roods, more or less, delineated and coloured blue and marked area A on the plan marked MD 11832 deposited in the office of the Marine Department at Wellington is hereby vested in the Mayor, Councillors, and Citizens of the City of Tauranga for municipal purposes.

    • (b) Notwithstanding the provisions of section 175 of the Harbours Act 1950, but subject to the provisions of that Act, the Corporation is hereby authorised to reclaim from the sea the land referred to in paragraph (a).

    (3) Notwithstanding the provisions of section 175 of the Harbours Act 1950, but subject to the provisions of sections 178 to 182 of that Act, the Corporation is hereby authorised to reclaim from the sea all that area in the South Auckland Land Registration District vested in the Board and situated in Tauranga County, containing 2 acres and 1 rood, more or less, delineated and coloured blue and marked area B on the plan marked MD 11832 deposited in the office of the Marine Department at Wellington.

    (4) Notwithstanding the provisions of the Harbours Act 1950, the reclamation by unknown persons of tidal land in the South Auckland Land Registration District, Tauranga County, vested in the Tauranga Harbour Board, containing 2 acres 2 roods 36 perches, more or less, as delineated and marked area D on the plan marked MD 11832 deposited in the office of the Marine Department at Wellington, is hereby validated in all respects as though the provisions of the Harbours Act 1950 had been duly complied with and the necessary sanction and authority had been given to the Board prior to the reclamation of the said tidal land.

    (5) Notwithstanding the provisions of section 175 of the Harbours Act 1950, but subject to the provisions of sections 178 to 182 of that Act, the Minister of Railways and the Corporation are hereby authorised to undertake the reclamation of the land vested in Her Majesty the Queen for railway purposes, being 1 acre 2 roods, more or less, being the land shown as area C, delineated and coloured blue on the plan marked MD 11832 deposited in the office of the Marine Department at Wellington.

    (6) For the purposes of this section the Corporation may enter into any contract with any person for the execution of all or any works which may be necessary or expedient in or about the reclamation of the land referred to in paragraph (a) of subsection (2), and subsections (3) and (5) upon such terms and subject to such conditions as may seem proper and reasonable to the Corporation, and for the purposes of subsection (5) the Corporation may enter into a contract with the Minister of Railways to undertake the reclamation of the land referred to in that subsection.

    (7) The District Land Registrar for the South Auckland Land Registration District is hereby authorised, on the deposit of such plans as he may require, to accept such documents for registration, to issue such certificates of title, and to do all such other things as may be necessary to give effect to the provisions of this section.

39 Authorising Whangarei Harbour Board to grant a lease to Whangarei City Council
  • Whereas the Whangarei Harbour Board (in this section referred to as the Board) is desirous of granting a perpetually renewable lease of the land described in subsection (3) to the Whangarei City Council (in this section referred to as the Council) for the purpose of constructing a public swimming pool on the said land: And whereas the Board is desirous of fixing a rental of 1 pound per year in respect of the said land such rental to be fixed in perpetuity or until the term of the said lease is determined: And whereas the Board has no authority to grant a lease with the rental fixed beyond a term of 21 years: And whereas it is desirable that the Board be authorised to grant the proposed lease: Be it therefore enacted as follows:

    (1) Notwithstanding the provisions of sections 5 and 8 of the Public Bodies’ Leases Act 1908, the Board is hereby authorised and empowered to grant to the Council a lease of the land described in subsection (3) for a term of 21 years at a rental of 1 pound per year in a form approved by the Board and providing for perpetual rights of renewal for successive periods of 21 years at the same rental of 1 pound per year.

    (2) The Board is hereby authorised and empowered to execute all such deeds and documents and to do all such things as may be necessary for the effectual granting of the lease to the Council.

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

    All that area in the North Auckland Land District situated in Block IX, Whangarei Survey District, containing 2 acres 2 roods 19 perches and eight-tenths of a perch, more or less, being part Lot 1 on Deposited Plan Number 52180 (being part Lot H of Section 3, Block IX, Whangarei Survey District), and being part of the land comprised and described in certificate of title, Volume 241, folio 213, North Auckland Registry, as delineated on the plan deposited in the office of the Marine Department at Wellington, numbered MD 11891, and edged green thereon.

40 Provision with respect to dissolution of Eketahuna Public Hall Company Limited
  • Whereas the Eketahuna Public Hall Company Limited (in this section referred to as the company) was incorporated on 24 September 1903: And whereas the last properly called and duly confirmed general meeting of the company appears to have been held on 3 March 1933: And whereas the company owned and operated with others a community hall: And whereas the said hall was destroyed by fire on 25 April 1964: And whereas no adequate share register was kept by the company: And whereas there are not now sufficient shareholders to form a quorum for a general meeting as required by the Articles of Association of the company: And whereas the body corporate known as the Mayor, Councillors, and Citizens of the Borough of Eketahuna (in this section referred to as the Corporation) has agreed to accept the vesting in it of the land and other assets of the company and to hold the same for the purpose of erecting a community hall for the benefit of the Inhabitants of the Borough of Eketahuna and the surrounding district and to accept all liabilities of the company: Be it therefore enacted as follows:

    (1) The land described in subsection (7) on which the said hall was erected and all other assets of the company are hereby vested in the Corporation for the purpose of a community hall without consideration other than the acceptance by the Corporation of all liabilities of the company.

    (2) The Corporation is hereby authorised to accept and pay all liabilities of the company.

    (3) The Corporation shall pay out of the assets of the company vested in it pursuant to this section to the trustee within the meaning of the Trustee Act 1956 of the estate of any person who died before the passing of this Act, being an estate which includes shares in the company if the trustee applies to the Corporation not later than 31 December 1964, the sum of 5 pounds for each share in the company which forms part of that estate which sum shall be in full satisfaction for the sum that would have been payable in respect of each such share had the company been voluntarily wound up under the Companies Act 1955.

    (4) Except as provided in subsection (3), the rights of all persons in their capacity as members of the company and the rights of all persons claiming through or under them in that capacity are hereby extinguished.

    (5) The District Land Registrar for the Land Registration District of Wellington is hereby authorised and directed to make such entries in the register, and to do all such things as may be necessary to give effect to this section.

    (6) The company is hereby dissolved and the Registrar of Companies is hereby authorised and directed to register such dissolution and to make such entries in the registers, and to do all such other things as may be necessary to give effect to this section.

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

    All that piece of land in the Borough of Eketahuna containing 36 perches and nineteen-hundredths of a perch, more or less, being parts of Section 13, Settlement of Eketahuna, and part of the said land being also part of Lot 37 on Deposited Plan Number 1535, and being all the land comprised and described in certificate of title, Volume 304, folio 165, Wellington Registry.

41 Exempting Meat Industry Research Institute from liability for payment of rates levied by Hamilton City Council and Waikato County Council
  • Amendment(s) incorporated in the Act(s).

42 Authorising Nelson Institute to transfer land and other assets to Nelson City Council
  • It shall be lawful for the Nelson Institute, a body corporate constituted under the Nelson Institute Act 1907, to transfer the land owned by that Institute, being all that piece of land containing 33 perches and six-tenths of a perch, more or less, being Section 178, City of Nelson, and being all the land comprised in certificate of title, Volume 59, folio 71, Nelson Registry, and all other assets (excepting museum assets) owned by it to the Mayor, Councillors, and Citizens of the City of Nelson.

Miscellaneous provisions

43 Validating application of certain loan money by Otautau Town Council
  • Whereas the Otautau Town Council (in this section referred to as the Council) raised a loan of 44,000 pounds known as the Water Supply Loan 1960 for certain authorised purposes: And whereas the greater part of the loan was expended for the purposes authorised and a portion of the same namely, a sum of 1,000 pounds, was expended for a purpose not so authorised, namely, the extension of the Council's water reticulation work into an area of 2 acres or thereabouts in the Wallace County adjoining the district of the Council: And whereas it is expedient that the action of the Council in expending the said portion on water reticulation work as aforesaid be validated: Be it therefore enacted as follows:

    The action of the Council in expending a portion of the Water Supply Loan 1960 amounting to 1,000 pounds in extending its water reticulation system into an adjoining area of 2 acres or thereabouts in Wallace County is hereby validated and declared to have been lawful.

44 Validating variation of terms of raising certain loan money by Southland Catchment Board
  • Whereas by Order in Council made on 6 July 1960, consent was given to the raising by the Southland Catchment Board (in this section referred to as the Board) of a sum of 12,500 pounds (in this section referred to as the loan), being portion of a loan of 25,000 pounds to be known as the Duck Creek Works Loan 1956: And whereas the Local Authorities Loans Board determined that the sum of 5,000 pounds, being portion of the loan, should be repaid by equal aggregate annual or half-yearly instalments of principal and interest extending over a period of 20 years: And whereas the Board raised that sum on terms that it should be repaid by 20 half-yearly instalments of principal and interest of 199 pounds 3 shillings and 7 pence each extending over a period of 10 years with an additional payment of principal of 3,105 pounds 1 shilling and 3 pence at the end of that period: And whereas the Local Authorities Loans Board determined that the sum of 3,500 pounds, being portion of the loan, should be repaid by equal aggregate annual or half-yearly instalments of principal and interest extending over a period of 10 years: And whereas the Board raised that sum on terms that it should be repaid by 20 half-yearly instalments of principal and interest of 140 pounds 18 shillings each extending over a period of 10 years with an additional payment of principal of 2,183 pounds 11 shillings and 8 pence at the end of that period: And whereas the Local Authorities Loans Board determined that the sum of 2,000 pounds, being portion of the loan, should be repaid by equal aggregate annual or half-yearly instalments of principal and interest extending over a period of 10 years: And whereas the Board raised that sum on terms that it should be repaid by 40 half-yearly instalments of principal and interest of 81 pounds 7 shillings and 2 pence each extending over a period of 20 years: And whereas it is desirable that the action of the Board be validated: Be it therefore enacted as follows:

    The action of the Board in raising the said sums of 5,000 pounds, 3,500 pounds, and 2,000 pounds as parts of the loan otherwise than in accordance with the conditions determined by the Local Authorities Loans Board is hereby validated and the said sums shall be deemed to have been lawfully borrowed and all debentures and stock 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.

45 Amending section 3 of the Selwyn Plantation Board Act 1953
  • [Repealed]

    Section 45: repealed (with effect on 1 November 1989), on 28 June 1991, by section 5(b) of the Selwyn Plantation Board Amendment Act 1991 (1991 No 53).

46 Validating expenditure incurred by Waikato Valley Authority in connection with inauguration ceremony
  • The expenditure by the Waikato Valley Authority during the financial year ended on 31 March 1964, of the sum of 77 pounds 14 shillings and 6 pence in connection with an inauguration ceremony for the Lower Waikato–Waipa Flood Control Scheme and functions in connection therewith, is hereby validated and declared to have been lawfully incurred.

47 Repealing Part 1 of the Auckland Community Welfare Centre and Auckland City Empowering Act 1941
  • Whereas the Auckland Community Welfare Centre Board (in this section referred to as the Board) was duly constituted under the provisions contained in Part 1 of the Auckland Community Welfare Centre and Auckland City Empowering Act 1941 (in this section referred to as the Act) for the primary function of providing and maintaining a community welfare centre and such other facilities and services designed to promote the health and well-being of needy persons in the city and suburbs of Auckland, and generally to furnish assistance and relief to such persons: And whereas for divers reasons the Board has never provided a community welfare centre or any other facilities or services as aforesaid: And whereas the provision of relief envisaged by Part 1 of the said Act as the Board's primary function has been provided by other means: And whereas the Board has no assets or liabilities and no longer has any members and does not function: And whereas it is expedient that the Board should be abolished and that Part 1 of the Act should be repealed: Be it therefore enacted as follows:

    The Board is hereby abolished and Part 1 of the Act is hereby repealed.

48 Authorising Masterton Trust Lands Trustees to pay retirement gratuity
  • Whereas the corporation of the Masterton Trust Lands Trustees (in this section referred to as the Trust Board), a body corporate under the Masterton Trust Lands Act 1950, is desirous of paying a sum of 450 pounds as a retirement gratuity to Alexander William McKenzie, of Masterton, who retired from the position as secretary to the Trust Board on 15 May 1964, and has no authority to do so: And whereas it is desirable to authorise the Trust Board to pay the said retirement gratuity: Be it therefore enacted as follows:

    The Trust Board is hereby authorised to pay from its general funds the sum of 450 pounds to the said Alexander William McKenzie as a retirement gratuity.

49 Authorising the Invercargill Fire Board to refund its General Account from loan money
  • Whereas before the Invercargill Fire Board (in this section referred to as the Board) obtained authority to raise a loan of 12,400 pounds, to be known as Redemption Loan 1964 (in this section referred to as the loan), the Board expended out of its General Account for certain purposes for which the loan was to be raised, money amounting in the aggregate to the sum of 12,437 pounds 3 shillings: And whereas authority has since been obtained to the raising of the loan: And whereas the Board is desirous of refunding the said sum of 12,400 pounds to its General Account out of the proceeds of the loan, but has no authority to do so: Be it therefore enacted as follows:

    The Board is hereby authorised to refund the sum of 12,400 pounds to its General Account out of the proceeds of the loan.

50 Validating expenditure incurred by Christchurch–Lyttelton Road Tunnel Authority in connection with the opening ceremony
  • The expenditure by the Christchurch–Lyttelton Road Tunnel Authority during the financial years ending on 31 March 1964, and 31 March 1965, of the sum of 1,732 pounds 8 shillings and 4 pence in connection with the official opening of the Christchurch–Lyttelton Road Tunnel, is hereby validated and declared to have been lawfully incurred.


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 1964. The reprint incorporates all the amendments to the Act as at 28 June 1991, 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)
  • Selwyn Plantation Board Amendment Act 1991 (1991 No 53): section 5(b)

    Local Legislation Act 1972 (1972 No 38): section 2(1)

    Auckland Improvement Trust Act 1971 (1971 No 9 (L)): section 12(1)

    Local Legislation Act 1965 (1965 No 122): section 17(6)(b)