Local Legislation Act 1974

Reprint
as at 9 November 1974

Coat of Arms of New Zealand

Local Legislation Act 1974

Public Act1974 No 147
Date of assent8 November 1974
Commencement8 November 1974

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, borough, and county councils

2 Authorising the Alexandra Borough Council to guarantee a loan

3 Amending section 32 of the Local Legislation Act 1959

4 Authorising Blenheim Borough Council to raise a special loan

5 Authorising Blenheim Borough Council to graze cattle

6 Varying date on which farmland roll of Waitemata City Council comes into force

7 Authorising the Taumarunui Borough Corporation to lease certain land for the purposes of a sale yard

8 Varying date on which farmland rolls of Hutt County Council come into force

9 Authorising Wairoa Borough Corporation and Wairoa County Corporation to extend cemetery within Wairoa Borough

10 Authorising Wellington City Council to use Electricity Renewal Fund for capital works, and providing for the suspension of appropriations to that fund

Miscellaneous provisions

11 Authorising the Auckland Regional Authority to advance money or make an ex gratia payment

12 Validating certain payments made by the Tekapo Pest Destruction Board towards a superannuation scheme provided by the Australian Mutual Provident Society

13 Validating a deed made between the Nelson City Corporation, the Nelson School of Music Trust Board, and the Nelson Provincial Arts Council

14 Validating certain actions of the Nelson Raspberry Marketing Committee

15 Authorising Otago Harbour Board to transfer certain land to Dunedin City Corporation

16 Changing name of Christchurch Regional Planning Authority to Canterbury Regional Planning Authority, and extending area covered by regional scheme

17 Providing for the apportionment of levies made by the Auckland Regional Authority between the wards of the City of Takapuna


An Act to confer on certain powers on 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 1974.

City, borough, and county councils

2 Authorising the Alexandra Borough Council to guarantee a loan
  • Whereas the Alexandra Borough Council (in this section referred to as the Council) wishes to assist Struan Francis Lockhart (in this section referred to as the employee) to purchase an existing house for his personal occupation by guaranteeing a portion of a loan to be made by a financial institution to the employee upon the security of a first mortgage of the house:

    And whereas section 338 of the Municipal Corporations Act 1954 (which relates to the powers of a Council to guarantee portions of mortgages granted for housing purposes) does not apply to existing houses:

    Be it therefore enacted as follows:

    (1) Subject to subsection (2), the Council is hereby authorised and empowered to guarantee a portion of a loan made by a financial institution to the employee upon the security of a first mortgage of an existing house.

    (2) The provisions of section 338 of the Municipal Corporations Act 1954 shall apply to any guarantee given under subsection (1) in respect of the purchase of an existing house in such manner and to such extent as if the guarantee were given in respect of a house to be erected.

3 Amending section 32 of the Local Legislation Act 1959
  • Whereas section 32 of the Local Legislation Act 1959 (in this section referred to as the said section) empowered the Corporation of the City of Invercargill (in this section referred to as the Corporation) to reclaim certain land from the sea and to sell or lease such land except for an area of approximately 2 acres:

    And whereas that area of approximately 2 acres, when defined by survey, was to be declared by the Corporation an endowment in aid of the funds of the Southland Museum Trust Board and was so defined and declared:

    And whereas the endowment is no longer required:

    Be it therefore enacted as follows:

    (1) The endowment declared by the Corporation in aid of the funds of the Southland Museum Trust Board is hereby revoked.

    (2), (3) Amendment(s) incorporated in the Act(s)

4 Authorising Blenheim Borough Council to raise a special loan
  • Whereas the Blenheim Borough Council (in this section referred to as the Council) was authorised to raise a loan of $150,000 to be known as the Abattoir Improvement Additional Loan 1971 for the purpose of making improvements to the municipal abattoir:

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

    And whereas the Council has expended the sum of $17,938 out of its general revenues to complete the work:

    And whereas the Local Authorities Loans Board declined the Council's application to raise a special loan to refund to its general revenues the sum so expended from them:

    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 $17,938 for the purpose of refunding to its general revenues the sum so expended from them.

5 Authorising Blenheim Borough Council to graze cattle
  • Whereas the Blenheim Borough Council (in this section referred to as the Council) is registered as the proprietor of an estate in leasehold of the land described in subsection (3):

    And whereas it is desirable to authorise the Council to graze cattle on that land:

    And whereas the Council has no authority to purchase, sell, or otherwise deal with cattle:

    Be it therefore enacted as follows:

    (1) The Council is hereby authorised and empowered to graze cattle on the land described in subsection (3) and for that purpose shall have power to incur expenditure, to purchase cattle, and sell any such cattle and the produce thereof.

    (2) All transactions relating to the grazing of cattle and to any dealings in respect of them, and any transactions in respect of the land necessary for the purposes of this section, shall be recorded by the Council in a miscellaneous separate activity account.

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

    All that parcel of land containing 373.9295 hectares, more or less, situated in the Land District of Marlborough, being Section 15, Block III, Taylor Pass Survey District, and being all the land comprised in leasehold certificate of title, Volume 50, folio 157, Marlborough Land Registry, and as shown on SO Plan 1166.

6 Varying date on which farmland roll of Waitemata City Council comes into force
  • Whereas the Borough of Waitemata was constituted by Order in Council dated 22 July 1974 as published in the Gazette dated 25 July 1974 at pages 1512 to 1517:

    And whereas clause 21(i) of the Order in Council provides that the constitution of the said borough shall be deemed to have come into effect for all accounting, rating, and other financial purposes as from and including 1 April 1974:

    And whereas the said borough was proclaimed to be a city by proclamation published in the same Gazette at page 1511:

    And whereas following that proclamation application was made to the Waitemata City Council (in this section referred to as the Council) for it to prepare a farmland roll for rating purposes:

    And whereas any such roll would, under section 133 of the Rating Act 1967, come into force on 1 April 1975:

    And whereas it is desirable that the farmland roll come into force on 1 April 1974:

    Be it therefore enacted as follows:

    (1) Notwithstanding section 133 of the Rating Act 1967, the farm-land roll prepared by the Council shall be deemed to have come into force on 1 April 1974.

    (2) The Council is hereby authorised and empowered to refund to the persons entitled any rates found to be overpaid as a consequence of subsection (1).

7 Authorising the Taumarunui Borough Corporation to lease certain land for the purposes of a sale yard
  • Whereas the mayor, councillors, and citizens of the Borough of Taumarunui (in this section referred to as the Corporation) is the registered proprietor of the land described in subsection (2) for the purposes of a municipal market place:

    And whereas by memorandum of lease dated 15 March 1961 registered in the South Auckland Land Registry under No 208753 the Corporation leased the land to the members of the King Country Stock and Station Agents Association, namely Wright Stephenson & Co. Limited, Dalgety and New Zealand Loan Limited, New Zealand Loan and Mercantile Agency Company Limited, and Newton King Limited, as tenants in common in equal shares, as sale yards for the sole purpose of conducting sales by auction of livestock or of such other things as are usually sold in sale yards:

    And whereas the term of the said memorandum of lease is 20 years computed from 1 January 1961:

    And whereas the Corporation and the lessees desire to improve the facilities at the sale yards and the lessees desire a longer term than the unexpired residue of the present term:

    And whereas the Corporation has no authority to grant a new lease for such a term:

    Be it therefore enacted as follows:

    (1) The Corporation is hereby authorised to accept a surrender of the said memorandum of lease, and to grant to such members as from time to time may constitute the King Country Stock and Station Agents Association a new lease for a period of 20 years with a right of renewal for 20 years and upon such other terms as in its absolute discretion it thinks proper.

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

    All that parcel of land containing 8.6162 hectares, more or less, being Lot 1 on DP S 10580 and part of the land on DP 21131, and being part Block XVIII, Taumarunui Maori Township, situated in Block I, Piopiotea Survey District, and being all the land comprised and described in certificate of title, Volume 600, folio 286, South Auckland Land Registry.

8 Varying date on which farmland rolls of Hutt County Council come into force
  • Whereas during the financial year commencing with 1 April 1973 applications were made to the Hutt County Council (in this section referred to as the Council) for it to prepare farm-land rolls for rating purposes:

    And whereas any such rolls would, under section 133 of the Rating Act 1967, come into force on 1 April next following the application for the preparation of the rolls:

    And whereas it is desirable that the farmland rolls come into force on 1 April 1973:

    Be it therefore enacted as follows:

    (1) Notwithstanding section 133 of the Rating Act 1967, the farm-land rolls prepared by the Council shall be deemed to have come into force on 1 April 1973.

    (2) The Council is hereby authorised and empowered to refund to the persons entitled any rates found to be overpaid as a consequence of subsection (1).

9 Authorising Wairoa Borough Corporation and Wairoa County Corporation to extend cemetery within Wairoa Borough
  • Whereas by Order in Council made on 17 April 1914, and published in the Gazette on 24 April 1914 at page 1515, the land described in the Schedule of that order was vested in the mayor, councillors, and burgesses of the Borough of Wairoa (in this section referred to as the Borough Corporation) as a reserve for the purposes of a cemetery:

    And whereas the Borough Corporation, and the chairman, councillors, and citizens of the County of Wairoa (in this section referred to as the County Corporation) desire to extend the cemetery within the boundary of the Borough of Wairoa but have no authority to do so:

    And whereas no other site outside the boundary of the said Borough is suitable and available:

    Be it therefore enacted as follows:

    (1) Notwithstanding section 4(4) of the Burial and Cremation Act 1964 but subject to the provisions of the Town and Country Planning Act 1953, section 165 of the Municipal Corporations Act 1954, and section 185 of the Counties Act 1956, the Borough Corporation and the County Corporation are hereby authorised and empowered to extend the cemetery within the boundary of the Borough of Wairoa, and for this purpose may jointly purchase the land described in subsection (2) upon such terms as may be agreed upon with the owner of that land.

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

    All that parcel of land containing 4.0469 hectares, more or less, being Lot 60 and part Lot 59, Deeds Plan 577, and being part of the land described in certificate of title, Volume No A3, folio 436, Hawke's Bay Land Registry.

10 Authorising Wellington City Council to use Electricity Renewal Fund for capital works, and providing for the suspension of appropriations to that fund
  • Whereas the Wellington City Renewal Fund Commissioners (in this section referred to as the Commissioners) are required by section 8 of the Wellington City Trading Departments' Reserve and Renewal Funds Act 1917 (in this section referred to as the Act) to provide the Wellington City Council (in this section referred to as the Council) with money from the Electricity Renewal Fund established pursuant to section 3 of the Act for the purpose of renewing or replacing the plant, or any part or parts thereof, of the Council's electric-light and power-supply undertaking:

    And whereas it is desirable that part of the Electricity Renewal Fund be used by the Council in extending the capital works of that undertaking:

    And whereas section 3 of the Act (as amended by section 3(a) of the Wellington City Empowering and Amendment Act 1922, and section 4 of the Wellington City Empowering and Amendment Act 1943) requires the Council to charge an annual appropriation to provide the renewal funds in the Electricity Renewal Fund:

    And whereas it is desirable that the Council suspend such annual appropriation:

    Be it therefore enacted as follows:

    (1) Notwithstanding anything to the contrary in section 8 or section 9(2) of the Act or in any other Act, the Commissioners are hereby authorised and empowered to pay to the Council, upon applications made pursuant to the Act and for the purposes of extending the electric-light and power-supply undertaking of the Council, all money in excess of $1,000,000 from time to time held in investments or cash in the Electricity Renewal Fund established under section 3 of the Act in respect of that electric-light and power-supply undertaking; and the Council is hereby authorised and empowered to use the money for the said purposes.

    (2) Subsection (1) shall apply with respect to sums in excess of $1,000,000 in the Electricity Renewal Fund within the period of 5 financial years commencing with 1 April 1974 and ending with 31 March 1979.

    (3) It shall not be necessary for the Council in respect of all or any of the financial years within the period commencing on 1 April 1974 and ending on 31 March 1979 to charge the annual appropriations in respect of the electric-light and power-supply undertaking prescribed by section 3 of the Act.

Miscellaneous provisions

11 Authorising the Auckland Regional Authority to advance money or make an ex gratia payment
  • Whereas on 11 April 1974 a bus owned and operated by the Auckland Regional Authority (in this section referred to as the Authority) caused damage to the property of Doris Evelyn Cadness:

    And whereas the estimated cost of repairing the damage is $6,000:

    And whereas Doris Evelyn Cadness is unable to meet the said cost:

    And whereas the Authority is desirous of making good the damage but has no authority to do so:

    Be it therefore enacted as follows:

    For the purpose of meeting the cost of repairs to the property of Doris Evelyn Cadness the Authority is hereby authorised and empowered to make advances of money on such terms and conditions as it thinks fit, or to make an ex gratia payment or payments, or to effect a combination of both such advances or payments:

    provided that the total amount of any such advances or payments or combination of them shall not exceed $6,000.

12 Validating certain payments made by the Tekapo Pest Destruction Board towards a superannuation scheme provided by the Australian Mutual Provident Society
  • Whereas between 30 September 1972 and 30 November 1973 the Tekapo Pest Destruction Board (in this section referred to as the Board) made payments amounting to $155.55 towards the premiums for a life insurance policy on the life of an employee of the Board:

    And whereas the policy was provided by the Australian Mutual Provident Society (hereinafter referred to as the Society) as a superannuation scheme to which that employee was contributing:

    And whereas the scheme was not established as a superannuation scheme under section 25 of the Finance Act (No 2) 1942 and was therefore without authority of law:

    And whereas the Board has ceased to participate in the said scheme:

    And whereas it is desirable that the payments made by the Board be validated:

    Be it therefore enacted as follows:

    The payments amounting to $155.55 made by the Board between 30 September 1972 and 30 November 1973 as a contribution towards a life insurance policy scheme provided by the Society for an employee of the Board are hereby validated.

13 Validating a deed made between the Nelson City Corporation, the Nelson School of Music Trust Board, and the Nelson Provincial Arts Council
  • Whereas for the purpose of making future provision for the School of Music established in the City of Nelson and for the control of certain property associated therewith, the mayor, councillors, and citizens of the City of Nelson (in this section referred to as the Corporation), together with the Nelson School of Music Trust Board (in this section referred to as the Board) and the Nelson Provincial Arts Council, have executed a deed on 20 June 1974 (in this section referred to as the deed):

    And whereas the deed provides, inter alia, for the Corporation to transfer to the Board the land described in subsection (2) without consideration:

    And whereas doubts have arisen as to the authority of the Corporation to execute and be bound by the deed or to effect such a transfer:

    Be it therefore enacted as follows:

    (1) Notwithstanding anything to the contrary in the Municipal Corporations Act 1954 or in any other enactment, the action of the Corporation in executing the deed is hereby validated and declared to have been lawful; and the deed is hereby confirmed and declared to have full force and effect according to its tenor.

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

    First, all that parcel of land situated in the City of Nelson conveyed by deed of conveyance No 33760, being part of Section 488, City of Nelson, together with a right of way over the strip of land coloured pink on the plan endorsed on the certificate of title, and being all the land comprised in certificate of title, Volume 52, folio 277, Nelson Land Registry, limited as to parcels.

    Secondly, all that parcel of land situated in the City of Nelson containing 657.61 square metres, more or less, being part of Section 488, City of Nelson, together with a right of way over the strip of land coloured pink on the plan endorsed on the certificate of title, and being all the land comprised and described in certificate of title, Volume 13, folio 188, Nelson Land Registry, subject to a right of way over the part coloured yellow on the said plan.

    Thirdly, all that parcel of land situated in the City of Nelson conveyed by deed of conveyance No 46392, being part of Section 488, City of Nelson, together with a right of way over the strip of land coloured pink on the plan endorsed on the certificate of title, and being all the land comprised in certificate of title, Volume 52, folio 275, Nelson Land Registry, limited as to parcels.

14 Validating certain actions of the Nelson Raspberry Marketing Committee
  • Whereas the Nelson Raspberry Marketing Regulations 1940 and their amendments (in this section referred to as the regulations) provide that the Nelson Raspberry Marketing Committee (in this section referred to as the Committee) may deduct a levy of not more than 0.25 cents per pound of raspberries to which the regulations apply from money received from the sale of raspberries:

    And whereas the levy actually deducted by the Committee was 0.575 cents per pound of raspberries during the year ended with 31 March 1972, 0.325 cents per pound during the year ended with 31 March 1973, and 0.55 cents per pound during the year ended with 31 March 1974:

    And whereas the regulations also provide that a contribution of not more than $50 a year may be made by the Committee to the Central Council of Raspberry Growers:

    And whereas the contribution actually made by the Committee was $60 in the year ended with 31 March 1971, and $80 in each of the 3 succeeding years:

    And whereas in each year after the year ended with 31 March 1969 until and including the year ended with 31 March 1974 the Committee had paid to its chairman and members honoraria, fees, and allowances in excess of the amounts approved by the Minister of Finance for those purposes, such excess payments totalling approximately $800:

    And whereas the Committee had incurred an overdraft with its bankers without authority, which overdraft amounted to $24,505.92 as at 31 March 1972:

    Be it therefore enacted as follows:

    Notwithstanding anything in the regulations or in any approval of the Minister of Finance relating to the payment of honoraria, fees, and allowances, the actions of the Committee in—

    • (a) deducting more by way of levy than the amount authorised by the regulations during each of the years ended with 31 March in 1972 to 1974:

    • (b) contributing more to the Central Council of Raspberry Growers than the amount authorised by the regulations during each of the years ended with 31 March in 1970 to 1974:

    • (c) paying approximately $800 more by way of honoraria, fees, and allowances to its chairman and members than the amounts approved by the Minister of Finance for those purposes during the years ended with 31 March in 1970 to 1974:

    • (d) incurring an overdraft of $24,505.92 as at 31 March 1972 without authority—

    are hereby validated and declared to have been lawful.

15 Authorising Otago Harbour Board to transfer certain land to Dunedin City Corporation
  • Whereas the land described in subsections (4) and (5) is vested in the Otago Harbour Board (in this section referred to as the Board):

    And whereas the mayor, councillors, and citizens of the City of Dunedin (in this section referred to as the Corporation) has requested the Board to transfer the land described in subsection (4) to the Corporation for the purposes of a public road or street, and to transfer the land described in subsection (5) to the Corporation as a site for a drainage treatment plant:

    And whereas the Board has agreed to accept $150 as consideration for the land described in subsection (4) and $250 for the land described in subsection (5), but has no authority to transfer the land:

    Be it therefore enacted as follows:

    (1) Notwithstanding anything to the contrary in any enactment or rule of law, the Board is hereby authorised and empowered to transfer the land described in subsection (4) to the Corporation as an estate in fee simple for the purposes of a public road or street, and to transfer the land described in subsection (5) to the Corporation as an estate in fee simple for the purposes of a site for a drainage treatment plant, and to accept as consideration for the said transfers the sums of $150 and $250 respectively.

    (2) Each parcel of land shall be deemed to be freed from all other trusts, reservations, or restrictions affecting it as at the date of its transfer.

    (3) The consideration received by the Board shall be paid into its Harbour Account, and shall form part of the general funds of the Board.

    (4) The land to be transferred for the purposes of a public road or street is described as follows:

    All that parcel of land containing 1 707 square metres, more or less, situated in the City of Dunedin, being part of the Harbour Board Endowment in the vicinity of Sections 7 and 8, Block VII, Portobello Survey District, and being all the land comprised and described in certificate of title No 5A/823, Otago Land Registry (SO Plan 17133).

    (5) The land to be transferred as a site for a drainage treatment station is described as follows:

    All that parcel of land containing 860 square metres, more or less, situated in the City of Dunedin, being Section 49, Upper Harbour West Survey District, being part of the Otago Harbour coloured blue on SO Plan 17948, and being all the land comprised and described in certificate of title No 5D/1065, Otago Land Registry.

16 Changing name of Christchurch Regional Planning Authority to Canterbury Regional Planning Authority, and extending area covered by regional scheme
  • Whereas by notice dated 1 June 1955 and published in the Gazette on 9 June 1955 at page 928 the Minister of Works and Development approved the resolutions of the councils named in Schedule 1 of the notice to unite to prepare a regional planning scheme for the area within their several jurisdictions as defined in Schedule 2 of the notice:

    And whereas that area was extended and the region redefined by notice dated 24 February 1956 and published in the Gazette on 8 March 1956 at page 316:

    And whereas by notice dated 28 October 1958 and published in the Gazette on 6 November 1958 the area was again extended and the region redefined and approval given to the resolutions of 2 other councils to unite with the councils referred to in the first-mentioned notice:

    And whereas representatives of all those councils constitute the Christchurch Regional Planning Authority:

    And whereas it is desirable to extend the area to be dealt with by that authority, to redefine its region, and to change its name:

    Be it therefore enacted as follows:

    (1) Except as provided in subsection (7), this section shall be deemed to have come into force on 1 September 1974.

    (2) The name of the Christchurch Regional Planning Authority is hereby changed to the Canterbury Regional Planning Authority (in this section referred to as the Authority).

    (3) Any objections and appeals made, actions taken, and things done in the name of the Canterbury Regional Planning Authority between 1 April 1974 and the coming into force of this section shall be deemed to have been made, taken, or done in the name of the Christchurch Regional Planning Authority.

    (4) For the purposes of the Town and Country Planning Act 1953—

    • (a) the Christchurch City Council is hereby declared to be the principal council of the Authority:

    • (b) the area to be dealt with in the regional planning scheme of the Authority is hereby extended to include the areas within the jurisdiction of the councils named in subsection (8):

    • (c) the area comprising the region of the Authority is hereby defined as being the whole of the area within the respective jurisdictions of the councils named in subsection (9).

    (5) For the purposes of the Town and Country Planning Act 1953, this section shall have effect and may be amended as if it were a valid notice made pursuant to section 7 or section 14 of that Act.

    (6) The notice dated 19 February 1974 purporting to constitute the Canterbury Regional Planning Authority and published in the Gazette on 21 February 1974 at page 312 is hereby revoked.

    (7) Subsection (6) shall be deemed to have come into force on 1 April 1974.

    (8) The names of those councils whose area of jurisdiction is included by subsection 4(b) within the area to be dealt with in the regional planning scheme of the Authority are as follows:

    Rangiora County Council Rangiora Borough Council
    Mt Herbert County Council Lyttelton Borough Council
    Wairewa County Council Ellesmere County Council.
    Akaroa County Council  
    Malvern County Council  
    Oxford County Council  

    (9) The names of those councils whose area of jurisdiction comprise the region of the Authority are as follows:

    Christchurch City Council Wairewa County Council
    Waimairi County Council Akaroa County Council
    Riccarton Borough Council Malvern County Council
    Paparua County Council Oxford County Council
    Heathcote County Council Rangiora Borough Council
    Kaiapoi Borough Council Lyttelton Borough Council
    Eyre County Council Ellesmere County Council.
    Rangiora County Council  
    Mt Herbert County Council  
17 Providing for the apportionment of levies made by the Auckland Regional Authority between the wards of the City of Takapuna
  • Whereas by Order in Council made on 22 July 1974 and published in the Gazette on 25 July 1974 at pages 1529 to 1532 (in this section referred to as the Order), the ridings of Glenfield and Albany were excluded from the County of Waitemata and included in the City of Takapuna:

    And whereas clause 6 of the Order provides, inter alia, that for a period of 10 years from 1 August 1974 the levies charged and assessed by the Auckland Regional Authority (in this section referred to as the Authority) shall be apportioned by the Takapuna City Council to the wards of Takapuna, Glenfield, and Albany, as nearly as practicable, in accordance with the statutory formulae provided by the Auckland Regional Authority Act 1963 (in this section referred to as the Act):

    And whereas it is desirable to give effect to that provision:

    Be it therefore enacted as follows:

    (1) This section shall be deemed to have come into force on 1 August 1974, and shall apply to all assessments made by the Authority pursuant to the Act upon the mayor, councillors, and citizens of the City of Takapuna (in this section referred to as the Corporation) for any period subsequent to 31 March 1975 until 31 July 1984.

    (2) The assessments to which this section applies shall be made, by and at the discretion of the Authority, either—

    • (a) by dividing the assessments into 3 groups as if each of the wards of Takapuna, Glenfield, and Albany was a contributing local authority as defined in section 2 of the Act, and as nearly as possible in accordance with the provisions of the Act as those provisions would have applied to the City of Takapuna and the ridings of Glenfield and Albany of the County of Waitemata as each was constituted immediately before the commencement of this section; or

    • (b) by not dividing the assessments, but by giving the Corporation sufficient information with the assessments as to enable the Corporation to make the same division as is referred to in paragraph (a).

    (3) Notwithstanding subsection (2), all assessments upon the Corporation shall, for all the purposes of the Act, be assessments charged against the Corporation and shall be subject to appeal and be payable by, and recoverable from, the Corporation.

    (4) Where for the purposes of this section it is necessary to ascertain or calculate the rateable capital value or population of any ward of the City of Takapuna, such value or population shall, upon receipt of a written request from the Authority, be ascertained or calculated by the Valuer-General or, as the case may require, the Government Statistician, as at a date or dates as near as reasonably practicable to the date of the receipt of the request.

    (5) The Corporation shall not exercise the power conferred by section 66(b) of the Act during the period to which subsection (1) of this section applies, but the Corporation shall, for that period, through its Council strike and collect in each of the said wards a rate for such an amount in the dollar on the value of all rateable property within such ward as shall be sufficient to pay that ward's share of the said assessments and interest thereon (if any) and the costs of and incidental to the making and collection thereof, and it shall be entitled to make and levy such rate in addition to all rates which it is entitled to make and levy under any other Act, and notwithstanding any provision in any other Act limiting or in any way affecting the rating power of the said Corporation.


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 Legislative Act 1973. The reprint incorporates all the amendments to the Act as at 9 November 1974, 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)