Franklin-Manukau Pests Destruction Act 1971

  • repealed
  • Franklin-Manukau Pests Destruction Act 1971: repealed, on 1 November 2010, by section 113(1) of the Local Government (Auckland Transitional Provisions) Act 2010 (2010 No 37).

Reprint
as at 1 November 2010

Franklin-Manukau Pests Destruction Act 1971

Public Act1971 No 39
Date of assent26 October 1971
  • Franklin-Manukau Pests Destruction Act 1971: repealed, on 1 November 2010, by section 113(1) of the Local Government (Auckland Transitional Provisions) Act 2010 (2010 No 37).


Note

Changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in this eprint.

A general outline of these changes is set out in the notes at the end of this eprint, together with other explanatory material about this eprint.

This Act is administered in the Ministry of Agriculture and Fisheries.


An Act to increase the membership of the Franklin-Manukau Pest Destruction Board, to validate the appointments of present members of the Board, and to enable the collection of revenue by the Board directly from the Franklin County Council

1 Short Title and commencement
  • (1) This Act may be cited as the Franklin-Manukau Pests Destruction Act 1971.

    (2) Section 8 shall be deemed to have come into force on 1 April 1971 (being the date on which the Franklin-Manukau Pest Destruction District was constituted).

    (3) Except as provided in subsection (2), this Act shall come into force on its passing.

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

    Board means the Board of the Franklin-Manukau Pest Destruction District (formerly known as the South Auckland Pest Destruction District) constituted under subsection (1) of section 23 of the Agricultural Pests Destruction Act 1967

    ratepayer has the same meaning as in section 2(1) of the Local Government Act 1974.

    Ratepayer: amended, as from 1 April 1980, by section 8(3) Local Government Amendment Act 1979 (1979 No 59) by substituting the words section 2(1) of the Local Government Act 1974 for the words subsection (1) of section 2 of the Municipal Corporations Act 1954.

3 Board to consist of 12 members
  • Notwithstanding subsection (1) of section 31 of the Agricultural Pests Destruction Act 1967, the Board shall consist of 12 members of whom—

    • (a) 8 shall, subject to subsections (2) and (3) of section 23 of that Act, be elected under that Act by the electors of the part of the Franklin-Manukau Pest Destruction District which is situated in the Franklin County;

    • (b) 3 shall be appointed by the new Ministry under subsection (1) of section 4 of this Act on the nomination of the Manukau City Council; and

    • (c) 1 shall be the person appointed by the new Ministry under subsection (1) of the said section 31.

    The words the Minister of Agriculture and Fisheries were substituted, as from 1 September 1972, for the words the Minister of Agriculture pursuant to section 3(6)(a) Ministry of Agriculture and Fisheries Amendment Act 1972 (1972 No 3). The words responsible Ministry were substituted, as from 1 July 1995, for the words Ministry of Agriculture and Fisheries pursuant to section 6(1)(b) Ministry of Agriculture and Fisheries (Restructuring) Act 1995 (1995 No 31). Those words were in turn substituted by the words new Ministry, as from 1 March 1998, pursuant to section 5(1)(c) Ministries of Agriculture and Forestry (Restructuring) Act 1997 (1997 No 100).

4 Appointment of Board members representing City of Manukau
  • (1) Subject to subsection (2), the new Ministry may appoint 3 persons to be members of the Board on the nomination of the Manukau City Council under section 5.

    (2) No person shall be capable of being appointed to be a member of the Board under subsection (1) if—

    • (a) he is not a ratepayer in respect of land situated in the City of Manukau; or

    • (b) he is incapable, on any of the grounds set out in paragraphs (b), (c), (d), and (e) of subsection (1) of section 47 of the Agricultural Pests Destruction Act 1967, of being appointed to the office of an elective member of the Board.

    (3) Notwithstanding subsection (1) of section 47 of the Agricultural Pests Destruction Act 1967, no person shall be incapable of being appointed to be a member of the Board under subsection (1) of this section by reason only of the fact that he is incapable, on any ground set out in paragraph (a) of subsection (1) of section 47 of that Act, of being appointed to the office of an elective member of the Board.

    The words the Minister of Agriculture and Fisheries were substituted, as from 1 September 1972, for the words the Minister of Agriculture pursuant to section 3(6)(a) Ministry of Agriculture and Fisheries Amendment Act 1972 (1972 No 3). The words responsible Ministry were substituted, as from 1 July 1995, for the words Ministry of Agriculture and Fisheries pursuant to section 6(1)(b) Ministry of Agriculture and Fisheries (Restructuring) Act 1995 (1995 No 31). Those words were in turn substituted by the words new Ministry, as from 1 March 1998, pursuant to section 5(1)(c) Ministries of Agriculture and Forestry (Restructuring) Act 1997 (1997 No 100).

5 Nomination of members by Manukau City Council
  • (1) The Manukau City Council shall—

    • (a) within 3 months after the day on which the triennial elections of the Council are next held after 1 October 1974; and

    • (b) thereafter within 3 months after every day on which the triennial elections of the Council are held—

    nominate 3 persons who are ratepayers in respect of land situated in the City of Manukau to be members of the Board under subsection (1) of section 4.

    (2) The Manukau City Council shall—

    • (a) if the new Ministry declines to appoint as a member of the Board any person who is nominated under this section; or

    • (b) if the office of a member of the Board becomes vacant under subsection (2) of section 6

    nominate another person who is a ratepayer in respect of land situated in the City of Manukau to be a member of the Board under subsection (1) of section 4.

    (3) The Manukau City Council shall notify the new Ministry in writing of the name and address of every person whom it nominates under subsection (1) or subsection (2).

    The words the Minister of Agriculture and Fisheries were substituted, as from 1 September 1972, for the words the Minister of Agriculture pursuant to section 3(6)(a) Ministry of Agriculture and Fisheries Amendment Act 1972 (1972 No 3). The words responsible Ministry were substituted, as from 1 July 1995, for the words Ministry of Agriculture and Fisheries pursuant to section 6(1)(b) Ministry of Agriculture and Fisheries (Restructuring) Act 1995 (1995 No 31). Those words were in turn substituted by the words new Ministry, as from 1 March 1998, pursuant to section 5(1)(c) Ministries of Agriculture and Forestry (Restructuring) Act 1997 (1997 No 100).

6 Tenure of office of members representing City of Manukau
  • (1) Every member of the Board appointed under subsection (1) of section 4 shall hold office until another person is appointed under that subsection to succeed him as a member.

    (2) Notwithstanding subsection (1), the office of a member of the Board so appointed shall become vacant—

    • (a) if he ceases to be a ratepayer in respect of land situated in the City of Manukau; or

    • (b) on the happening of any event by reason of which his office would have become vacant under subsection (1) of section 48 of the Agricultural Pests Destruction Act 1967, except paragraph (d) of that subsection, if he had been an elective member of the Board.

7 Validation of appointments of present members
  • (1) Notwithstanding subsection (1) of section 31 of the Agricultural Pests Destruction Act 1967, the following persons, namely—

    Kenwyn James Hosking;

    Richard Hoe;

    Patrick McCowat Cochrane;

    Harold Mayall;

    Harold Robinson;

    Stanley Ralph Drake;

    William Ewing Motion; and

    Robert James Scarlett—

    shall be deemed to have been validly appointed to be members of the Board on 1 April 1971 by the new Ministry under subsection (2) of section 23 of that Act, and shall be deemed accordingly, under subsection (3) of section 23 of that Act, to be the first elective members of the Board.

    (2) Notwithstanding subsection (1) of section 5, the following persons, namely—

    • (a) Edward Keith Davies;

    • (b) David Edward Good; and

    • (c) Colin William Mercer—

    shall be deemed to have been validly appointed to be members of the Board on 1 April 1971 by the Minister of Agriculture and Fisheries under subsection (1) of section 4 on the nomination of the Manukau City Council, and shall hold and be deemed at all times since their appointments to have held office in accordance with and subject to section 6.

    The words the Minister of Agriculture and Fisheries were substituted, as from 1 September 1972, for the words the Minister of Agriculture pursuant to section 3(6)(a) Ministry of Agriculture and Fisheries Amendment Act 1972 (1972 No 3). The words responsible Ministry were substituted, as from 1 July 1995, for the words Ministry of Agriculture and Fisheries pursuant to section 6(1)(b) Ministry of Agriculture and Fisheries (Restructuring) Act 1995 (1995 No 31). Those words were in turn substituted by the words new Ministry, as from 1 March 1998, pursuant to section 5(1)(c) Ministries of Agriculture and Forestry (Restructuring) Act 1997 (1997 No 100).

8 Collection of Board's revenue directly from Franklin County Council
  • (1) The Board may from time to time, by agreement with the Franklin County Council, collect directly from the Council a sum equal to the amount that the Board may obtain by levying the whole or any part of a rate, other than a special rate, made by the Board under the Agricultural Pests Destruction Act 1967 in any part of the Franklin-Manukau Pest Destruction District which is situated in the Franklin County.

    (2) The power conferred on the Board by subsection (1) shall be instead of and not in addition to its power to levy the rate or the part of a rate, as the case may be, referred to in that subsection.

    (3) The Franklin County Council may from time to time pay from its Rates and Appropriations Account to the Board any sum that the Board may collect from the Council under subsection (1).

    (4) Every sum that the Board collects from the Franklin County Council under subsection (1) instead of the whole or any part of a general rate shall be deemed for the purposes of section 84 of the Agricultural Pests Destruction Act 1967 to be a general rate levied and received by the Board under that Act.

    Subsection (3) was substituted, as from 1 April 1980, by section 8(3) Local Government Amendment Act 1979 (1979 No 59).


Contents

  • 1General

  • 2About this eprint

  • 3List of amendments incorporated in this eprint (most recent first)


Notes
1 General
  • This is an eprint of the Franklin-Manukau Pests Destruction Act 1971. The eprint incorporates all the amendments to the Act as at 1 November 2010. The list of amendments at the end of these notes specifies all the amendments incorporated into this eprint since 3 September 2007.

    Relevant provisions of any amending enactments that contain transitional, savings, or application provisions that cannot be compiled in the eprint are also included, after the principal enactment, in chronological order.

2 About this eprint
3 List of amendments incorporated in this eprint (most recent first)
  • Local Government (Auckland Transitional Provisions) Act 2010 (2010 No 37) section 113(1)