Taranaki Harbours Act 1965

Reprint
as at 18 January 1978

Coat of Arms of New Zealand

Taranaki Harbours Act 1965

Public Act1965 No 4
Date of assent30 August 1965
Commencementsee section 1(2)

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 Ministry of Transport.


An Act to constitute the Taranaki Harbours Board and the Taranaki Harbours District and to provide for matters incidental thereto

1 Short Title and commencement
  • (1) This Act may be cited as the Taranaki Harbours Act 1965.

    (2) This Act shall come into force on 1 September 1965.

2 Special Act
  • This Act shall be deemed to be a special Act within the meaning of the Harbours Act 1950.

3 Interpretation
  • In this Act, unless the context otherwise requires,—

    Board means the Taranaki Harbours Board constituted by this Act

    District means the Taranaki Harbours District constituted by this Act.

4 Constitution of Taranaki Harbours Board
  • (1) There is hereby constituted a Harbour Board to be known as the Taranaki Harbours Board.

    (2) The Board shall have control over the harbours that immediately before the commencement of this Act were under the control of the Taranaki Harbour Board or the Patea Harbour Board.

    (3) The Taranaki Harbour Board and the Patea Harbour Board are hereby dissolved.

5 Members of Board
  • [Repealed]

    Section 5: repealed, on 19 November 1971, by section 11(2) of the Harbours Amendment Act (No 2) 1971 (1971 No 58).

6 Taranaki Harbours District
  • (1) The area described in Schedule 1 is hereby constituted a district, to be called the Taranaki Harbours District.

    (2) The Taranaki Harbour District (as described in Schedule 4 of the Taranaki Harbour Board Act 1954) and the Patea Harbour District (as constituted by section 4 of the Patea Harbour Board Act 1885 and amended by sections 4 and 5 of the Patea Harbour Act 1913) are hereby abolished.

7 Vesting of assets of dissolved Boards
  • (1) Subject to the provisions of this Act, on the commencement of this Act all the real and personal property, contracts, rights of action and other rights, obligations, and liabilities of the Taranaki Harbour Board or of the Patea Harbour Board shall become property, contracts, rights, obligations, and liabilities of the Taranaki Harbours Board constituted by this Act, without the necessity of any instrument of transfer, assignment, or other assurance.

    (2) Notwithstanding anything in any other Act, where any real or personal property or right becomes vested in the Board by virtue of this section and the title of either of the dissolved Boards is or should have been entered in any register required by law to be kept, the Registrar or other person whose duty it is to keep that register shall, on the request in writing of the Taranaki Harbours Board, and on being satisfied by statutory declaration or otherwise of the title of the dissolved Board, without payment of any fee, enter in the register the name of the Taranaki Harbours Board as the owner of that property or right instead of the Taranaki Harbour Board or the Patea Harbour Board, as the case may be.

8 Loans raised before commencement of this Act
  • (1) All stock, debentures, or other securities issued or executed before the commencement of this Act as security for the repayment of any loan which immediately before the commencement of this Act constituted a liability of the Taranaki Harbour Board shall be deemed to have been issued or executed by the Taranaki Harbours Board, but nothing in this Act shall affect or prejudice the rights of the holders of any such stock, debentures, or other securities.

    (2) Notwithstanding anything in this Act, no rateable property situated in any part of the district that immediately before the commencement of this Act did not form part of the Taranaki Harbour District (as constituted immediately before the commencement of this Act)—

    • (a) shall be liable as security for the repayment of any loan which immediately before the commencement of this Act constituted a liability of the Taranaki Harbour Board or of any loan raised by the Taranaki Harbours Board after the commencement of this Act for the renewal or conversion of any such first-mentioned loan or any part thereof; or

    • (b) be liable for any special rates that after the commencement of this Act may be made and levied by the Taranaki Harbours Board, or may be directed by the Board to be made and levied, in respect of any such loan.

    (3) Subject to the provisions of subsection (2), the provisions of sections 6 and 7 of the Taranaki Harbour Board Act 1954 shall with the necessary modifications continue to apply, as if that Act had not been repealed and as if every reference in those sections to the Taranaki Harbour Board were a reference to the Taranaki Harbours Board, with respect to loans to which those sections applied immediately before the commencement of this Act and to loans raised by the Taranaki Harbours Board after the commencement of this Act for the renewal or conversion of any such first-mentioned loan or any part thereof.

9 Loans raised after commencement of this Act
  • (1) Instead of levying any special rate authorised to be made to secure the payment of the annual charges in respect of any loan raised by the Board after the commencement of this Act (not being a loan raised for the renewal or conversion of any loan raised before the commencement of this Act or any part thereof), the Board shall, where necessary, make a levy in accordance with this section on every local authority whose district or part thereof forms part of the Taranaki Harbours District.

    (2) For the purpose of determining the total amount payable by way of the levy, the Board shall in each year cause an estimate to be prepared, in such manner and according to such principle as the Board approves, of—

    • (a) the amount required to be expended in that year in payment of the annual charges in respect of all such loans raised by the Board after the commencement of this Act:

    • (b) the anticipated amount that will be available in that year for that purpose (excluding any levy made under this section), whether pursuant to paragraph (b) of section 11 or otherwise.

    (3) Where the amount estimated pursuant to paragraph (b) of subsection (2) is insufficient to meet in full the annual charges estimated pursuant to paragraph (a) of that subsection, the Board shall make a levy in respect of the deficiency, calculated in accordance with subsection (4), on every local authority whose district or any part thereof forms part of the Taranaki Harbours District.

    (4) The amount of the deficiency for any year shall be apportioned among the several local authorities whose district or any part thereof forms part of the Taranaki Harbours District in the proportions specified in Schedule 2.

    (5) Where the Board makes a levy under this section, it shall give notice thereof in writing to each local authority whose district or part thereof forms part of the Taranaki Harbours District specifying the amount of the levy payable by that local authority, and the local authority shall pay the amount thereof to the Board before the date specified in the notice, being not earlier than the 1 April next succeeding the giving of the notice.

    (6) Any local authority that is required to pay any levy to the Board pursuant to this section may for that purpose make and levy a separate rate on all rateable property in its district, or, as the case may be, in the part of its district that forms part of the Taranaki Harbours District, of an amount not exceeding a rate that will produce the amount of the levy payable by the local authority for that year and all reasonable costs and expenses incurred in and about making and levying, collecting, and recovering the rate.

    (7) Where, in the case of any local authority part of whose district is within the Taranaki Harbours District, any person is liable to be rated in respect of property lying partly within and partly outside the last-mentioned district, the local authority within whose jurisdiction that property is situate shall deduct from the amount of the rates that would be levied on the property if it were wholly within the last-mentioned district such part as it, in its absolute discretion, considers to be the proportion payable in respect of that part of the property lying outside the district.

    (8) All amounts received by the Board by way of levy pursuant to this section shall be applied by the Board in payment of the annual charges payable in respect of the loans in respect of which the levy was made.

    (9) For the purpose of computing the amount of any subsidy in respect of general rates payable to any local authority under any enactment, there shall be deducted from the amount of the general rates levied by it for any year all amounts paid by the local authority out of its general fund or out of any riding account in that year in payment to the Board of any levy payable under this section.

10 Review of levy by Local Government Commission
  • (1) The Local Government Commission may from time to time, on the application of any local authority whose district or any part thereof forms part of the Taranaki Harbours District, review the proportions specified in Schedule 2

    • (a) at any time after the expiration of the period of 5 years after the commencement of this Act, but no second or subsequent review shall be held under this paragraph before the expiration of 5 years after the decision of the Commission on the immediately preceding review under this paragraph:

    • (b) at any time, if there is any alteration in the boundaries of the district of any such local authority or, as the case may be, of the part of the district of any such local authority forming part of the Taranaki Harbours District, or any alteration in the constitution of any such local authority.

    (2) For the purposes of any such review, the provisions of the Local Government Commission Act 1961, with the necessary modifications, shall apply as if the proceedings for the review were a proposal that a scheme be prepared in respect of a matter specified in subsection (1) of section 14 of that Act.

    (3) Effect may be given by Order in Council to any decision of the Commission on any such review.

11 Surplus revenue to be applied towards loan payments
  • All revenue of the Board for any year which is available for the servicing of loans shall be applied by the Board—

    • (a) first, in payment of the annual charges payable during that year in respect of loans raised before the commencement of this Act and of loans raised by the Board after the commencement of this Act for the renewal or conversion of any such first-mentioned loans or any part thereof:

    • (b) second, as to any surplus after making the payments specified in paragraph (a), in payment of the annual charges payable during that year in respect of other loans raised by the Board after the commencement of this Act.

12 Endowments, cash, and investments of Patea Harbour Board
  • (1) Except as provided in subsection (4) or in section 13, on the commencement of this Act all land vested in the Patea Harbour Board and all money (whether in cash or in any bank account) and investments of that Board shall vest in the Corporation of the County of Patea, without the necessity of any instrument of transfer, assignment, or other assurance.

    (2) Notwithstanding anything in any other Act, where any property becomes vested in the Corporation by virtue of this section and the title of the Patea Harbour Board is or should have been entered in any register required by law to be kept, the Registrar or other person whose duty it is to keep that register shall, on the request in writing of the Patea County Council, and on being satisfied by statutory declaration or otherwise of the title of the Patea Harbour Board, without payment of any fee, enter in the register the name of the Corporation as owner of the property instead of the Patea Harbour Board.

    (3) All such land, money, and investments and the income thereof shall be controlled by a joint special committee of the Patea County Council established under section 76 of the Counties Act 1956, and comprising 1 person appointed by the Hawera Borough Council, 1 person appointed by the Patea Borough Council, 1 person appointed by the Hawera County Council, and 1 person appointed by the Patea County Council.

    (4) All such money and the income from time to time derived from any land or investments vested in the Corporation by virtue of this section or from the investment of the proceeds of any realisation of any such land or investments shall be applied—

    • (a) first, in the maintenance and improvement of that land; and

    • (b) second, as to such part thereof as is not for the time being required for the purposes specified in paragraph (a), in any maintenance and development of the Patea Harbour required by the Taranaki Harbours Board; and

    • (c) third, as to such part thereof as is not for the time being required for the purposes specified in paragraphs (a) and (b), towards payment of any levies payable to the Board pursuant to section 9 by the local authorities whose district or any part thereof formed part of the Patea Harbour District immediately before the commencement of this Act. Any amount payable on behalf of those local authorities pursuant to this subparagraph shall be apportioned to those several local authorities in the proportions that the levy required to be paid by each of them bears to the total amount of the levies required to be paid by all of them.

    Section 12(1): amended, on 27 November 1970, by section 2(a) of the Taranaki Harbours Amendment Act 1970 (1970 No 104).

    Section 12(3): amended, on 27 November 1970, by section 2(b) of the Taranaki Harbours Amendment Act 1970 (1970 No 104).

    Section 12(4): amended, on 27 November 1970, by section 2(b) of the Taranaki Harbours Amendment Act 1970 (1970 No 104).

    Section 12(4)(a): amended, on 27 November 1970, by section 2(b) of the Taranaki Harbours Amendment Act 1970 (1970 No 104).

13 Money in interest account of Patea Harbour Board
  • [Repealed]

    Section 13: repealed, on 18 January 1978, by section 18(1) of the Local Legislation Act 1977 (1977 No 123).

14 Wanganui Harbour District and Wanganui Harbour Board
  • (1) The area described in Schedule 4 is hereby added to the Wanganui Harbour District.

    (2) [Repealed]

    (3) No rateable property situated in the area added to the Wanganui Harbour District by subsection (1)—

    • (a) shall be liable as security for the repayment of any loan raised by the Wanganui Harbour Board before the commencement of this Act or of any loan raised by that Board after the commencement of this Act for the renewal or conversion of any such first-mentioned loan or any part thereof; or

    • (b) be liable for any special rates that after the commencement of this Act may be made and levied by that Board, or may be directed by the Board to be made and levied, in respect of any such loan.

    Section 14(2): repealed, on 19 November 1971, by section 11(2) of the Harbours Amendment Act (No 2) 1971 (1971 No 58).

15 Transitional provisions
  • (1) All bylaws and scales of rates and charges in force in respect of any harbour which immediately before the commencement of this Act was under the control of the Taranaki Harbour Board or the Patea Harbour Board shall continue in force after the commencement of this Act and apply in respect of that harbour as if they were bylaws made by the Taranaki Harbours Board or, as the case may be, were fixed by bylaws made by that Board, until bylaws are made by the Board in substitution therefor, and shall after the commencement of this Act be enforceable by the Board accordingly.

    (2) Subject to the provisions of this Act, all references to the Taranaki Harbour Board or the New Plymouth Harbour Board or the Patea Harbour Board or to the Taranaki Harbour District or the New Plymouth Harbour District or the Patea Harbour District in any Act, Proclamation, regulation, rule, order, bylaw, or other enactment, or in any contract, agreement, deed, instrument, register, licence, list, roll, rate book, debenture, stock certificate, notice, or other document whatsoever shall hereafter, unless the context otherwise requires, be read as references to the Taranaki Harbours Board or, as the case may require, the Taranaki Harbours District.

    (3) All proceedings pending by or against the Taranaki Harbour Board or the Patea Harbour Board immediately before the commencement of this Act may be carried on or prosecuted by or against the Taranaki Harbours Board.

16 Repeals
  • The following enactments are hereby repealed:

    • (a) the Patea Harbour Board Act 1885:

    • (b) Amendment(s) incorporated in the Act(s):

    • (c) the Taranaki Harbour Board Act 1954.


Schedule 1
The Taranaki Harbours District

s 6(1)

All lands comprising the Taranaki Land District (with the exception of the lands for the time being comprising the Egmont National Park and the part of the County of Patea that is situated to the east and north-east of the Whenuakura River and the part of the County of Waitotara that is situated within that Land District), together with that part of the County of Patea in the Wellington Land District that is situated to the north-west of the Whenuakura River.


Schedule 2
Apportionment of annual levy among local authorities

s 9(4)

Name of local authority Percentage of total levy payable
City Council  
New Plymouth 33.38
Borough Councils  
Eltham 1.14
Hawera 4.52
Inglewood 1.29
Patea 0.53
Stratford 3.13
Taumarunui 0.01
Waitara 3.16
County Councils  
Clifton 3.24
Egmont 6.77
Eltham 4.67
Hawera 4.75
Inglewood 5.00
Patea 2.10
Stratford 7.32
Taranaki 11.97
Taumarunui 1.42
Waimate West 4.27
Waitomo 0.71
Town Councils  
Kaponga 0.28
Manaia 0.34
  100.00

Schedule 3
Apportionment of money in interest account (conversion loan 1933) of Patea Harbour board

s 13(1)

Name of local authorityPercentage of money in account
Eltham County Council1.2
Hawera Borough Council36.0
Hawera County Council23.8
Patea Borough Council4.4
Patea County Council30.5
Waitotara County Council2.4
Waverley Town Council1.7
Total100.0

Schedule 4
Area added to Wanganui Harbour District

s 14(1)

That part of the County of Patea that is situated to the east and north-east of the Whenuakura River, the Town District of Waverley, and that part of the County of Waitotara that did not immediately before the commencement of this Act form part of the Wanganui Harbour District.

  • Schedule 4: amended, on 13 December 1968, by section 2 of the Taranaki Harbours Amendment Act 1968 (1968 No 110).


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 Taranaki Harbours Act 1965. The reprint incorporates all the amendments to the Act as at 18 January 1978, as specified in the list of amendments at the end of these notes.

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

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

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

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

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

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

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

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

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

    • layout of provisions, including:

      • indentation

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

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

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

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

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

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

    • case and appearance of letters and words, including:

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

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

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

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

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

5 List of amendments incorporated in this reprint (most recent first)
  • Local Legislation Act 1977 (1977 No 123): section 18(1)

    Harbours Amendment Act (No 2) 1971 (1971 No 58): section 11(2)

    Taranaki Harbours Amendment Act 1970 (1970 No 104)

    Taranaki Harbours Amendment Act 1968 (1968 No 110)