Local Legislation Act 1970

Reprint
as at 13 December 1979

Coat of Arms of New Zealand

Local Legislation Act 1970

Public Act1970 No 124
Date of assent27 November 1970
Commencement27 November 1970

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

City and borough councils

2 Authorising refund by Hokitika Borough Council to District Fund Account from loan money

3 Amending section 28 of the Local Legislation Act 1964 [Repealed]

4 Authorising refund by Taumarunui Borough Council to District Fund Account from loan money

5 Authorising refund by Picton Borough Council to District Fund Account from loan money

6 Provision with respect to overdraft of Wanganui City Council

7 Authorising Feilding Borough Council to raise a special loan

County councils

8 Authorising loan of certain funds by Hobson County Council to Dargaville Milk Treatment Corporation Limited

9 Authorising Waikouaiti County Council to raise a special loan

10 Authorising Waikouaiti County Council to raise a special loan

11 Authorising Waikouaiti County Council to raise a special loan

12 Authorising the Golden Bay County Council to expend money from the Collingwood Wharf Account

13 Validating the advancing by the Whangarei County Council of certain loans

14 Authorising expenditure by Waitaki County Council from Land Subdivision Account

15 Validating loan raised by Wanganui County Council and validating refund by Council to County Fund Account from loan money

16 Validating a loan raised by the Wanganui County Council

17 Extending Tokoroa special rating area in County of Matamata

18 Authorising advance by Thames County Council from County Fund Account

19 Authorising Waihemo County Council to raise a special loan

Harbour boards

20 Authorising payment of money by Bay of Plenty Harbour Board to Auckland Harbour Board and to Southland Harbour Board

21 Authorising distribution by Auckland Harbour Board of certain money

22 Authorising and validating certain actions of Wellington Harbour Board in respect of Thorndon Wharf Development

Miscellaneous provisions

23 Amending Thames Valley Drainage Board Empowering Act 1937

24 Amending Thames Valley Drainage Board Empowering Act 1964 [Repealed]

25 Section 56 of the Reserves and Other Lands Disposal and Public Bodies Empowering Act 1919 further amended [Repealed]

26 Validating loan raised by Waiheke Road Board

27 Authorising Morrinsville Borough Council and Piako County Council to provide doctors' houses and surgeries and obtain services of doctors

28 Varying the purposes to which certain trust money may be applied by Southland Hospital Board

29 Validating certain actions of the Invercargill Fire Board in raising certain loans


An Act to confer certain powers on certain public bodies and to authorise and validate certain transactions and other matters

1 Short Title
  • This Act may be cited as the Local Legislation Act 1970.

City and borough councils

2 Authorising refund by Hokitika Borough Council to District Fund Account from loan money
  • Whereas, before the Hokitika Borough Council (in this section referred to as the Council) obtained authority to raise a loan of $24,000 known as the Housing Loan 1967 (in this section referred to as the loan), the Council expended the sum of $9,877.85 out of its District Fund Account for certain purposes for which the loan was to be raised:

    And whereas authority to raise the loan has since been obtained and it is desirable to authorise the Council to refund that sum to the District Fund Account out of the proceeds of the loan:

    Be it therefore enacted as follows:

    The Council is hereby authorised to refund the sum of $9,877.85 to its District Fund Account out of the proceeds of the loan.

3 Amending section 28 of the Local Legislation Act 1964
  • [Repealed]

    Section 3: repealed (with effect on 1 April 1972), on 20 October 1972, by section 2(3) of the Local Legislation Act 1972 (1972 No 38).

4 Authorising refund by Taumarunui Borough Council to District Fund Account from loan money
  • Whereas, before the Taumarunui Borough Council (in this section referred to as the Council) obtained authority to raise a loan of $25,000 to be known as the Land Subdivision Loan 1969 (in this section referred to as the loan), the Council expended the sum of $7,577 out of its District Fund Account for certain purposes for which the loan was to be raised:

    And whereas authority to raise the loan has since been obtained and it is desirable to authorise the Council to refund that sum to its District Fund Account out of the proceeds of the loan:

    Be it therefore enacted as follows:

    The Council is hereby authorised to refund the sum of $7,577 to its District Fund Account out of the proceeds of the loan.

5 Authorising refund by Picton Borough Council to District Fund Account from loan money
  • Whereas, before the Picton Borough Council (in this section referred to as the Council) obtained the consent of the Minister of Finance to the raising of a loan of $7,800 to be known as the Building Loan 1969 (in this section referred to as the loan), the Council expended out of its District Fund Account, for certain purposes for which the loan was to be raised, the sum of $7,800:

    And whereas authority to raise the loan has since been obtained and it is desirable to authorise the Council to refund the sum so expended to its District Fund Account out of the proceeds of the loan:

    Be it therefore enacted as follows:

    The Council is hereby authorised to refund the sum of $7,800 to its District Fund Account out of the proceeds of the loan.

6 Provision with respect to overdraft of Wanganui City Council
  • Whereas the Wanganui City Council (in this section referred to as the Council) has from time to time borrowed and owed money on its District Fund Account in carrying out the manufacture and distribution of coal gas in Wanganui:

    And whereas the liability of the Council to its bankers in respect of such manufacture and distribution exceeds the sum of $100,000:

    And whereas the Council desires to obtain authority to borrow by way of special overdraft a sum not exceeding $100,000 to be applied in the reduction of that liability:

    Be it therefore enacted as follows:

    (1) The Council is hereby authorised and empowered to borrow from its bankers by way of special overdraft a sum not exceeding $100,000 to be applied in reduction of the said liability in its District Fund Account.

    (2) The Council shall repay any sum so borrowed by equal payments, out of money credited to its Gas Account, in each year during the period of 15 years commencing on 1 April 1971:

    provided that the Council may in any year repay out of its Gas Account an amount greater than a one-fifteenth part.

    (3) The sum so borrowed shall be debited to a separate account at the bank and all payments in reduction of that sum shall be credited to that account.

    (4) No part of the sum so borrowed shall 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.

7 Authorising Feilding Borough Council to raise a special loan
  • Whereas authority was given to the raising by the Feilding Borough Council (in this section referred to as the Council) of a loan of $150,000 to be known as the Abattoir Loan 1968 (in this section referred to as the loan) for the purpose of extending the municipal abattoir:

    And whereas the amount of that loan is insufficient to enable the completion of that work:

    And whereas the Council has expended and proposes to expend out of its District Fund Account a sum not exceeding $87,000 to complete the works:

    And whereas the Local Authorities Loans Board has no authority to sanction the raising of a loan to enable the Council to refund that sum to its District Fund Account:

    And whereas it is desirable to authorise the Council to raise a special loan not exceeding $87,000 for the purpose of enabling it to refund to its District Fund Account the sum expended and to be 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 $87,000 for the purpose of refunding to its District Fund Account the sum expended and to be expended from that account as aforesaid, and, notwithstanding anything in section 34 of that Act, the special loan may be raised without the prior consent of the ratepayers.

County councils

8 Authorising loan of certain funds by Hobson County Council to Dargaville Milk Treatment Corporation Limited
  • Whereas the Hobson County Council (in this section referred to as the Council) received from the New Zealand Milk Board (in this section referred to as the Board) funds derived from excess funds paid by milk consumers amounting to $1,491.31:

    And whereas the Council agreed with the Board that those funds would be held and reserved as additional capital for equipping a new milk treatment station at Dargaville:

    And whereas the Council desires to lend the funds, together with interest earned on their investment, to the Dargaville Milk Treatment Corporation Limited (in this section referred to as the Corporation) for the purpose of equipping the milk treatment station:

    And whereas the Council has no power to make such a loan and it is desirable to authorise it to do so:

    Be it therefore enacted as follows:

    The Council is hereby authorised to advance to the Corporation the said sum of $1,491.31, together with the interest earned thereon, for the purpose of equipping the milk treatment station of the Corporation, for such term or terms, and at such rate or rates of interest, as the Council thinks fit.

9 Authorising Waikouaiti County Council to raise a special loan
  • Whereas by Order in Council made on 14 September 1966, consent was given to the raising by the Waikouaiti County Council (in this section referred to as the Council) of a loan of $30,000 to be known as the Merton Water Supply Loan 1966, for the purpose of providing a water supply system for the Merton Water Supply District:

    And whereas after expending the amount of that loan, the Council expended out of its County Fund Account the sum of $5,800 in completing this work:

    And whereas the Local Authorities Loans Board has no authority to sanction the raising of a loan to enable the Council to refund the said sum to its County Fund Account:

    And whereas it is desirable to authorise the Council to raise a special loan not exceeding $5,800 for the purpose of recouping that sum to its County Fund Account in respect of the sum so expended from that account:

    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 $5,800 for the purpose of refunding to its County Fund Account the sum so expended from that account.

10 Authorising Waikouaiti County Council to raise a special loan
  • Whereas by Order in Council made on 2 August 1967, consent was given to the raising by the Waikouaiti County Council (in this section referred to as the Council) of a loan of $34,000 to be known as the Waitati Water Loan 1967 for the purpose of providing a water supply system for the Waitati Water Supply District and the surrounding area:

    And whereas after expending the amount of that loan, the Council expended out of its County Fund Account the sum of $4,500 in completing this work:

    And whereas the Local Authorities Loans Board has no authority to sanction the raising of a loan to enable the Council to refund the said sum to its County Fund Account:

    And whereas it is desirable to authorise the Council to raise a special loan not exceeding $4,500 for the purpose of recouping the sum to its County Fund Account in respect of the sum so expended from that account:

    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 $4,500 for the purpose of refunding to its County Fund Account the sum so expended from that account.

11 Authorising Waikouaiti County Council to raise a special loan
  • Whereas by Order in Council made on 2 August 1967, consent was given to the raising by the Waikouaiti County Council (in this section referred to as the Council) of a loan of $19,000 to be known as the Warrington Water Loan 1967 for the purpose of providing a water supply system for the Warrington Water Supply District and the surrounding area:

    And whereas after expending the amount of that loan, the Council expended out of its County Fund Account the sum of $3,000 in completing sufficient of this work to bring the water supply system into operation:

    And whereas the Local Authorities Loans Board has no authority to sanction the raising of a loan to enable the Council to refund the said sum to its County Fund Account:

    And whereas it is desirable to authorise the Council to raise a special loan not exceeding $3,000 for the purpose of recouping that sum to its County Fund Account in respect of the sum so expended from that account:

    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 $3,000 for the purpose of refunding to its County Fund Account the sum so expended from that account.

12 Authorising the Golden Bay County Council to expend money from the Collingwood Wharf Account
  • Whereas the Golden Bay County Council (in this section referred to as the Council) now administers the functions of the former Collingwood Harbour Board:

    And whereas the sum of $2,387.65 appears in the Council's accounts as a separate account entitled the Collingwood Wharf Account:

    And whereas the Collingwood Wharf is no longer used and the Council wishes to expend the money from that account to provide public conveniences at Collingwood:

    Be it therefore enacted as follows:

    The Council is hereby authorised and empowered to expend the sum of $2,387.65 from the Collingwood Wharf Account in connection with the erection of public conveniences at Collingwood.

13 Validating the advancing by the Whangarei County Council of certain loans
  • Whereas the Whangarei County Council (in this section referred to as the Council) advanced out of its County Fund Account, without complying with Part 1 of the Local Authorities Loans Act 1956, the sums of $2,799.36 and $1,903.15 to meet the cost of undertaking capital works for the benefit of the Waipu Urban Fire District, and the Ngunguru Urban Fire District respectively:

    And whereas it is desirable to validate the said advances:

    Be it therefore enacted as follows:

    The action of the Council in advancing out of its County Fund Account the sums of $2,799.36 and $1,903.15 to meet the cost of undertaking capital works for the benefit of the Waipu Urban Fire District, and the Ngunguru Urban Fire District, respectively, is hereby validated and declared to have been lawful.

14 Authorising expenditure by Waitaki County Council from Land Subdivision Account
  • Whereas the Waitaki County Council (in this section referred to as the Council) proposes to sell certain land and houses in the Township of Otematata pursuant to paragraphs (a) and (b) of section 349 of the Counties Act 1956:

    And whereas section 355 of that Act requires money received on the sale of land to be paid into a Land Subdivision Account and specifies the purposes for which such money may be applied:

    And whereas, after applying the money received from the sales for the purposes specified in paragraphs (a) to (c) of subsection (2) of the said section 355, the Council desires to expend the surplus money so received for the purchase of capital plant and equipment for the maintenance of the Township of Otematata and for the beautification of, and the provision of amenities for, the southern shore of Lake Aviemore adjacent to the Township:

    Be it therefore enacted as follows:

    (1) Notwithstanding the provisions of section 355 of the Counties Act 1956, the Council is hereby authorised to expend from its Land Subdivision Account the surplus money received from the sale of land and houses in the Township of Otematata, after applying money for the purposes specified in paragraphs (a) to (c) of subsection (2) of that section, for the purchase of capital plant and equipment for the maintenance of the township and for the beautification of, and the provision of amenities for, the southern shore of Lake Aviemore adjacent to the township.

    (2) The expenditure by the Council of any such surplus money in accordance with subsection (1), before the passing of this section, is hereby validated and declared to have been lawful.

15 Validating loan raised by Wanganui County Council and validating refund by Council to County Fund Account from loan money
  • Whereas on 20 May 1968, the Local Authorities Loans Board sanctioned the raising by the Wanganui County Council (in this section referred to as the Council) of a loan of $80,000 known as the Turoa Road Property Loan 1967 (in this section referred to as the loan):

    And whereas the Council raised the loan without the consent of the Minister of Finance:

    And whereas before the Council obtained authority to raise the loan, the Council expended out of its County Fund Account, for certain purposes for which the loan was to be raised, the sum of $80,000:

    And whereas it is desirable that the action of the Council in raising the loan be validated:

    And whereas since the loan has been raised the Council has refunded to its County Fund Account out of the proceeds of the loan the sum of $80,000 but had no authority to do so:

    And whereas it is desirable to validate the refund:

    Be it therefore enacted as follows:

    (1) Notwithstanding anything to the contrary in the Local Authorities Loans Act 1956, the action of the Council in raising the loan without the prior consent of the Minister of Finance is hereby validated and declared to have been lawful; and all debentures and stock issued in respect thereof shall be deemed to have been lawfully issued and shall have full force and effect according to their tenor.

    (2) The action of the Council in refunding the sum of $80,000 to its District Fund Account out of the proceeds of the loan is hereby validated and declared to have been lawful.

16 Validating a loan raised by the Wanganui County Council
  • Whereas the Wanganui County Council (in this section referred to as the Council) obtained authority to raise a loan of $40,000 to be known as the Bridges Loan, No 4, 1967 (in this section referred to as the loan) to be repaid over a period of 20 years:

    And whereas the Council raised the sum of $12,000 as portion of the loan for a term of 15 years and the remaining portion of $28,000 for a term of 10 years:

    And whereas it is desirable that the Council's actions be validated:

    Be it therefore enacted as follows:

    The action of the Council in raising portions of the loan as aforesaid for terms other than that determined by the Local Authorities Loans Board is hereby validated and declared to have been lawful; and all debentures and stock issued in respect thereof shall be deemed to have been lawfully issued and shall have full force and effect according to their tenor.

17 Extending Tokoroa special rating area in County of Matamata
  • (1) The special rating area within the County of Matamata created pursuant to the Local Bodies' Loans Act 1926 and the Local Authorities Loans Act 1956 and defined in a resolution of the Matamata County Council published in Gazette, 1957, Vol I, at page 730, and as extended by section 7 of the Local Legislation Act 1961, relating to the Tokoroa Sewerage Loan 1956, the Tokoroa Sewerage Loan, No 2, 1962, and the Tokoroa Sewerage Supplementary Loan 1968, is hereby extended by adding thereto a contiguous area of land; and the said special rating area shall hereafter consist of the land described in subsection (2).

    (2) The said special rating area, as extended by subsection (1), is described as follows:

    All that area in the South Auckland Land District, County of Matamata, bounded by a line commencing at the north-western corner of Lot 25, DP 35994, in Block VII, Patetere South Survey District, and proceeding north-easterly along the north-western boundaries of Lots 25, 24, 23, 22, 21, 20, and 19, DP 35994, to the western side of Kowhai Place; thence along a right line to and along the north-western boundaries of Lots 18, 17, 16, 15, 14, 13, 12, 11, 10, 9, 8, 7, and 6, DP 35994, to the western side of Pohutukawa Drive; thence along a right line to and along the north-western boundaries of Lots 1 and 2, DPS 12272, Lots 3, 2, and 1, DP 35594, and Lots 4, 3, 2, and 1, DPS 2012, to the southernmost corner of Lot 3, DPS 13136; thence north-westerly along the south-western boundary of that Lot 3 to the southern side of Rata Street; thence north-westerly and north-easterly along a right line to and along the south-western and north-western boundaries of Lot 1, DPS 13136, to the western side of Whakauru Street; thence south-easterly along the north-eastern boundary of that Lot 1 to a point in line with the north-western boundary of Lot 1, DPS 6421; thence north-easterly and south-easterly to and along that north-western boundary, and the north-eastern boundaries of Lots 1, 2, 3, 4, 5, and part 6, DPS 6421, to the northern side of Baird Road; thence north-easterly along that roadside and its production to the eastern side of the Putaruru - Upper Atiamuri Railway; thence north-westerly along the eastern side of that railway to its intersection with the left bank of the Whakauru Stream; thence generally south-easterly along that left bank to its intersection with the western side of State Highway No 1; thence generally southerly along that roadside to the northern side of Maraetai Road; thence generally westerly along that roadside to the south-eastern corner of Lot 54, DPS 4536; thence generally south-easterly along a right line to and along the north-eastern boundary of Lot 1195, DPS 3884, to the south-eastern corner of that Lot; thence generally westerly along the southern boundaries of Lots 1195, 1196, part 1140, 1141, 1147, and 1148 and the western boundary of that last-mentioned Lot, to the westernmost corner of that Lot; thence generally south-westerly along a right line to and along the southern boundaries of Lots 1151, 1152, 1153, 1154, 1155, 1156, 1157, and 1158, all the aforementioned Lots being from DPS 3884 to and along the eastern boundaries of Lots 1218, 1221, 1222, and 1228, the northern and north-western boundaries of Lot 1232, all the aforementioned Lots being from DPS 4737, the north-eastern and north-western boundaries of Lot 1987, the north-western boundary of Lot 1985, to the westernmost corner of that Lot, thence along a right line to and along the north-western boundaries of Lots 2011 and 2010, all the aforementioned Lots being from DPS 9547; thence along the south-eastern boundary of Lot 1240, and its production to and along the south-eastern boundary of Lot 1241, and its production to and along the south-eastern boundary of Lot 1242, and its production to and along the south-eastern boundaries of Lots 1243 and 1244 to the southernmost corner of that last-mentioned Lot; thence generally northerly along the south-western boundary of Lot 1244, aforesaid, and the production of that boundary to the north side of Kelso Street; thence south-westerly and north-westerly along the south-eastern and south-western boundaries of Lot 1245 and the production of that last-mentioned boundary to the south-eastern boundary of Lot 1368; thence south-westerly along that boundary and generally northerly along the western boundaries of Lots 1368 and 1367, and the production of that last-mentioned boundary to and along the western boundary of Lots 1366 and 1365 and the production of that boundary to and along the western boundaries of Lots 1364, 1363, 1361, 1360, to the north-western corner of that last-mentioned Lot, all the aforementioned Lots being from DPS 5432; thence along a right line to and along the western boundaries of Lots 1359, 1358, and 1357, DPS 5724, and the eastern boundary of Lot 2, DPS 2211, and its production to the northern side of Maraetai Road; thence westerly along that roadside to the south-western corner of Lot 41, DPS 5674; thence westerly along a right line to and along the southern boundary of Lot 39, DPS 5674, to the eastern boundary of Lot 2, DPS 13391; thence northerly along the eastern boundaries of Lots 2 and 1, DPS 13391, to the south-eastern boundary of Lot 35, DPS 7165; thence north-easterly along that boundary and its production to the southernmost corner of part Lot 39, DPS 4637; thence northerly along the south-western boundary of that part Lot 39 to the south side of Grace Crescent; thence along a right line to and along the south-western boundaries of part Lots 32 and 25, DPS 4637, to the south side of Duke Street; thence along a right line to and along the south-western and western boundaries of part Lot 14, DPS 4637, and the western boundaries of Lot 11, DPS 4637, and Lot 55, DPS  3892, to the north-western corner of the last-mentioned Lot; thence northerly along a right line to the southernmost corner of Lot 35, DPS 1668; thence generally northerly along the western boundaries of Lots 35, 33, 32, and 29, DPS 1668, Lots 1 and 2, DPS 10846, and part Lot 11, DPS 5424, the southern and western boundaries of Lot 4, DPS 6592, the western and north-western boundaries of Lot 3, DPS 6592, and that last-mentioned boundary produced to the eastern side of Billah Street; thence northerly along that roadside to the south-western corner of Lot 5, DPS 6498; thence easterly and northerly along the southern boundary of that Lot, and the western boundaries of Lots 7 and 1, DPS 6498, to a point in line with the western boundary of Section 52, Block VIII, Patetere South Survey District; thence northerly to and along that boundary to the southern side of Baird Road; thence along a right line at right angles to that roadside to the northern side of that road; thence south-westerly along that roadside to the southernmost corner of Lot 25, DP 35994; thence north-westerly along the south-western boundary of that Lot 25 to the point of commencement.

    (3) Amendment(s) incorporated in the Act(s).

18 Authorising advance by Thames County Council from County Fund Account
  • Whereas the Thames County Council (in this section referred to as the Council) has expended the sum of $1,500 from its County Fund Account, in part payment of the cost of installing a rural and domestic water supply to the extended Totara Water Supply Area:

    And whereas the Council wishes to treat the money so expended as an advance in terms of section 31 of the Local Authorities Loans Act 1956 so that it may refund that sum to its County Fund Account in accordance with that section:

    Be it therefore enacted as follows:

    The said expenditure by the Council of $1,500 from its County Fund Account shall be deemed to have been an advance of money from that Account in accordance with section 31 of the Local Authorities Loans Act 1956; and the provisions of that section shall apply accordingly.

19 Authorising Waihemo County Council to raise a special loan
  • Whereas the Waihemo County Council (in this section referred to as the Council) has expended out of its County Fund Account the sum of not less than $17,000 for the purchase of a site in the Palmerston County Town for a county depot:

    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 sum to its County Fund Account:

    And whereas it is desirable to authorise the Council to raise a special loan not exceeding $17,000 for the purpose of refunding that sum to its County Fund Account:

    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 $17,000 for the purpose of refunding to its County Fund Account the sum so expended from that account.

Harbour boards

20 Authorising payment of money by Bay of Plenty Harbour Board to Auckland Harbour Board and to Southland Harbour Board
  • Whereas the Auckland Harbour Board, the Bay of Plenty Harbour Board, and the Southland Harbour Board, each requiring a tugboat, agreed to standardise their requirements so that a bulk contract for the building of 3 tugs could be let by public tender:

    And whereas the Auckland Harbour Board, at the request of the other 2 boards, and acting for and on their behalf as agent, prepared the contract and tender documents under its description of Contract No 1827 and duly advertised for tenders:

    And whereas the successful tenderer entered into 3 separate contracts with each of the 3 boards for construction of their individual tugboats, but required that all supervision and negotiations concerning the construction of the 3 tugs be carried out through the Auckland Harbour Board:

    And whereas it was the intention of all 3 boards that, notwithstanding that each board had entered into an individual contract with the successful tenderer, the total increase in costs for the 3 tugboats caused by escalation of labour and material costs, and by devaluation, and by duty, would be borne equally between the 3 boards:

    And whereas that intention was not incorporated in any formal agreement between the 3 boards:

    And whereas if that intention had been incorporated in a formal agreement the Bay of Plenty Harbour Board would have had to pay the sum of $682.76 to the Auckland Harbour Board and the sum of $5,862.42 to the Southland Harbour Board:

    And whereas the Bay of Plenty Harbour Board desires to abide by the intention of the parties and to pay the said sums of money to the Auckland Harbour Board and the Southland Harbour Board, respectively:

    Be it therefore enacted as follows:

    The Bay of Plenty Harbour Board is hereby authorised to pay the sum of $682.76 to the Auckland Harbour Board and to pay the sum of $5,862.42 to the Southland Harbour Board.

21 Authorising distribution by Auckland Harbour Board of certain money
  • Whereas the Auckland Harbour Board (in this section referred to as the Board) collected certain money in public tolls during the visit of the Chilean Naval Training Ship Esmeralda to the Port of Auckland in May 1970:

    And whereas that money, less certain costs incurred in its collection, amounted to the sum of $852.08:

    And whereas the Board desires to donate that sum to certain seamen's welfare organisations:

    Be it therefore enacted as follows:

    The Board is hereby authorised to expend that sum by donating to each of the following 5 organisations or funds a sum of $170.40: the Auckland Sailors' Home, the British Sailors' Society Auckland (Incorporated), The Flying Angel Missions to Seamen, The Apostleship of the Sea (Auckland) Incorporated, and the Royal New Zealand Navy Benevolent Fund.

22 Authorising and validating certain actions of Wellington Harbour Board in respect of Thorndon Wharf Development
  • Whereas by the Wellington Harbour Board Loan and Empowering Act 1967 and section 18 of the Local Legislation Act 1968, the Wellington Harbour Board (in this section referred to as the Board) was authorised to expend the sum of $5,911,272 or any part of that sum in and towards the reclamation of an area of 34 acres 1 rood 24.1 perches of land and other associated works forming part of the Thorndon Wharf Development:

    And whereas pursuant to section 185 of the Harbours Act 1950 and to an Order in Council dated 20 October 1969 and published in Gazette, 1969, Vol III, at page 2364, the Board was authorised to reclaim from the Wellington Harbour in the Thorndon Wharf Development an area of 6 acres and 38.4 perches:

    And whereas pursuant to section 185 of the Harbours Act 1950 and to an Order in Council dated 18 May 1970, and published in Gazette, No 33, 4 June 1970, at page 983, the Board was authorised to reclaim from the Wellington Harbour in the Thorndon Wharf Development an area of 10 acres 1 rood 27.2 perches:

    And whereas the present area of the Thorndon Wharf Development now comprises 51 acres and 9.7 perches (being the said 34 acres 1 rood 24.1 perches, the said 6 acres and 38.4 perches, and the said 10 acres 1 rood 27.2 perches):

    And whereas authority to expend the said sum of $5,911,272 is restricted to the said area of 34 acres 1 rood 24.1 perches and it is desirable to extend such authority to expend that money to the total area of 51 acres and 9.7 perches:

    And whereas the Board has expended part of the said sum of $5,911,272 on the reclamation of the said area of 6 acres and 38.4 perches without having authority to do so:

    And whereas the Board has expended part of the said sum of $5,911,272 on the reclamation of the said area of 10 acres 1 rood 27.2 perches without having authority to do so:

    And whereas the New Zealand Ports Authority has authorised the Board to borrow the sum of $350,000 to reclaim the said area of 6 acres and 38.4 perches:

    Be it therefore enacted as follows:

    (1) Notwithstanding anything to the contrary in the Wellington Harbour Board Loan and Empowering Act 1967 or in section 18 of the Local Legislation Act 1968, the Board may expend the said sum of $5,911,272 or any part of that sum in and towards the reclamation of the said area of 51 acres and 9.7 perches and other associated works forming part of the Thorndon Wharf Development.

    (2) The Board shall be deemed to have been authorised to expend the said sum of $350,000 authorised by the New Zealand Ports Authority to be borrowed to reclaim the said area of 6 acres and 38.4 perches on the whole or any part of the Thorndon Wharf Development or any extension or amendment thereof.

    (3) The Board shall be deemed to have been authorised to expend part of the said sum of $5,911,272 on the reclamation of the said area of 6 acres and 38.4 perches and the said area of 10 acres 1 rood 27.2 perches.

Miscellaneous provisions

23 Amending Thames Valley Drainage Board Empowering Act 1937
  • Amendment(s) incorporated in the Act(s).

24 Amending Thames Valley Drainage Board Empowering Act 1964
  • [Repealed]

    Section 24: repealed, on 2 November 1979, by section 3(2) of the Thames Valley Drainage Board Empowering Amendment Act 1979 (1979 No 9 (L)).

25 Section 56 of the Reserves and Other Lands Disposal and Public Bodies Empowering Act 1919 further amended
  • [Repealed]

    Section 25: repealed, on 13 December 1979, by section 15(2) of the Local Legislation Act 1979 (1979 No 142).

26 Validating loan raised by Waiheke Road Board
  • Whereas the Waiheke Road Board (in this section referred to as the Board) obtained authority to raise a loan of $160,000 to be known as the Development Loan 1966 (in this section referred to as the loan):

    And whereas the Board raised the sum of $22,520 as part of the loan after the expiration of the period determined by the Local Authorities Loans Board for the raising of the loan:

    And whereas the Board raised the sum of $2,020 as part of the loan on the condition that it should be repaid by equal aggregate instalments of principal and interest instead of by the provision of a sinking fund as determined by the Local Authorities Loans Board:

    And whereas it is desirable that the Board's action be now validated:

    Be it therefore enacted as follows:

    The action of the Board in raising the said parts of the loan as aforesaid otherwise than in accordance with the determinations of the Local Authorities Loans Board is hereby validated and declared to have been lawful; and all debentures and stock issued in respect thereof shall be deemed to have been lawfully issued and shall have full force and effect according to their tenor.

27 Authorising Morrinsville Borough Council and Piako County Council to provide doctors' houses and surgeries and obtain services of doctors
  • (1) Notwithstanding anything to the contrary in the Municipal Corporations Act 1954 or the Counties Act 1956 or in any other Act, the Morrinsville Borough Council (in this section referred to as the Borough Council) and the Piako County Council (in this section referred to as the County Council) are hereby authorised to unite in accordance with section 51 of the Municipal Corporations Act 1954 and section 31 of the Counties Act 1956, and to expend money, for the purpose of—

    • (a) causing medical practitioners' houses, surgeries, or combined houses and surgeries, to be erected on any land in the Borough of Morrinsville belonging to or leased by the Borough Council or County Council:

    • (b) the taking, purchase, or other acquisition by the Borough Council or County Council of any houses in the Borough of Morrinsville, or of any land in the Borough of Morrinsville, for the purpose of erecting thereon any medical practitioners' houses, surgeries, or combined houses and surgeries:

    • (c) acquiring or attempting to acquire the services of medical practitioners for the benefit of inhabitants of the Morrinsville Borough and Piako County.

    (2) The Borough Council or County Council, as the case may be, may let any such house, surgery, or combined house and surgery, to any medical practitioner on such tenancy or lease, at such rent, for such term, and upon such conditions as it thinks fit.

    (3) The Public Bodies Leases Act 1969 shall not apply to any tenancy or lease granted under this section.

    (4) Nothing in this section shall authorise the Borough Council or County Council to deal with any public reserve within the meaning of the Reserves Act 1977 otherwise than in accordance with the provisions of that Act.

    (5) The expenditure of $231.73 by the Borough Council and the County Council before the passing of this section for the purpose of acquiring or attempting to acquire the services of medical practitioners for the benefit of the inhabitants of the Morrinsville Borough and Piako County is hereby validated and declared to have been lawful.

    Section 27(4): amended, on 1 April 1978, pursuant to section 125(1) of the Reserves Act 1977 (1977 No 66).

28 Varying the purposes to which certain trust money may be applied by Southland Hospital Board
  • Whereas section 64 of the Local Legislation Act 1926 made provision for the investment and application of certain money raised in Southland for a radium fund:

    And whereas by Order in Council made on 31 March 1930 pursuant to subsection (7) of the said section 64, the said fund, together with the unexpended income arising therefrom, was directed to be paid to the Southland Hospital Board and to be applied for certain purposes:

    And whereas it is desirable to change the purposes to which the said fund may be applied:

    Be it therefore enacted as follows:

    (1) Notwithstanding anything to the contrary in any Act or rule of law, the money remaining in the said fund, together with all unexpended income arising therefrom, may, either wholly or partly—

    • (a) be applied and used for the Board's general purposes; or

    • (b) be paid to the Otago Hospital Board for the purpose of establishing a hostel for the accommodation of outpatients receiving radiotherapy treatment at Wakari Hospital—

    as the Board in its discretion may determine.

    (2) Amendment(s) incorporated in the Act(s).

    (3) The Order in Council made on 31 March 1930 and published in Gazette, 1930, Vol I, at page 984, relating to the application of funds for purchase of radium, pursuant to section 64 of the Local Legislation Act 1926, is hereby revoked.

29 Validating certain actions of the Invercargill Fire Board in raising certain loans
  • Whereas the Invercargill Fire Board (in this section referred to as the Board) was authorised to raise the sum of $55,000, to be known as the Bluff Building Loan 1967 (in this section referred to as the loan), and the sum of $3,200, to be known as the Bluff Building Supplementary Loan 1968 (in this section referred to as the supplementary loan):

    And whereas the Board raised sums totalling $60,000 in respect of those loans, and issued debentures to secure repayment thereof:

    And whereas the Board therefore raised an additional $1,800 and had no authority to do so:

    And whereas the Board raised the supplementary loan before obtaining the formal consent of the Minister of Finance and the Fire Service Council:

    And whereas the Local Authorities Loans Board stipulated a 10 year period for the raising of the loan, except as to $10,000, the term of which was 20 years:

    And whereas the Loans Board further determined that the loan and the supplementary loan, or any part thereof, together with the interest thereon, should be repaid by equal aggregate annual or half-yearly instalments extending over the term stipulated:

    And whereas the Board, contrary to those provisions, raised a sum of $30,000 for a term of 6 years, and 2 sums of $5,000 on terms that each be repayable by equal annual payments of $500 plus interest:

    And whereas the Board paid the $60,000 so borrowed into its general bank account contrary to section 56 of the Local Authorities Loans Act 1956:

    And whereas it is desirable to validate the actions of the Board:

    Be it therefore enacted as follows:

    (1) The actions of the Board in so raising the loan and the supplementary loan on terms and conditions otherwise than as set down by the Local Authorities Loans Board, and the actions of the Board in raising the supplementary loan and the sum of $1,800 without obtaining the necessary consents, are hereby validated and declared to have been lawful; and all debentures and stock issued in respect of the said loans and the said sum shall be deemed to have been lawfully issued and shall have full force and effect according to their tenor.

    (2) The action of the Board in paying the said sum of $60,000 into its general bank account is hereby validated and declared to have been lawful.


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 1970. The reprint incorporates all the amendments to the Act as at 13 December 1979, 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 1979 (1979 No 142): section 15(2)

    Thames Valley Drainage Board Empowering Amendment Act 1979 (1979 No 9 (L)): section 3(2)

    Reserves Act 1977 (1977 No 66): section 125(1)

    Local Legislation Act 1972 (1972 No 38): section 2(3)