Local Legislation Act 1976

Reprint
as at 23 September 1983

Coat of Arms of New Zealand

Local Legislation Act 1976

Public Act1976 No 160
Date of assent10 December 1976
Commencement10 December 1976

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 Dunedin City Council: ex gratia payment remitting penalty

3 Dunedin City Council: ex gratia payment to contractor for increased fuel costs

4 Manukau City Council: lease of land for religious purposes

5 Manukau City Council: ex gratia payment to contractor

6 Manukau City Council: Wiri bus depot

7 Murupara Borough Council: validating excessive rate

8 Ngaruawahia Borough Council: validating refund of money from loan

9 Papakura City Council: validating illegal loans

10 Te Aroha Borough Council: validating excessive rate

11 Te Kuiti Borough Council: extra payment to contractor

12 Waihi Borough Council: sale of land taken for public recreation and pleasure ground

13 Waipawa Borough Council: validating sale of land

County councils

14 Bay of Islands County Council: vesting of stopped road

15 Bay of Islands County Council: validating uniform annual charges

16 Taranaki County Council: contribution towards New Plymouth Opera House upgrading

17 Taupo County Council: validating excessive rate

18 Whakatane County Council: validating special rates

Miscellaneous

19 Validating Election of Greytown Trust Lands Trustees

20 Manawatu Catchment Board: compassionate grant

21 Marlborough Hospital Board: maternity facilities at Picton Hospital

22 Nelson Provincial Museum Trust Board: validation of amendment to agreement by contributing Councils

23 Ohura Town Council: validating illegal rates

24 Waverley Town Council: validating sewerage rates

Schedule
Areas of stopped road vested in adjacent owners


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 1976.

City and borough councils

2 Dunedin City Council: ex gratia payment remitting penalty
  • The Mayor, Councillors, and Citizens of the City of Dunedin (in this section referred to as the Corporation) is hereby authorised and empowered to make to Kono Construction Limited (in this section referred to as the said company) an ex gratia payment of $2,557.80 (being the amount deducted by the Corporation, by way of penalty for late completion, from the amount agreed to be paid by it to the said company for the completion of certain works at 62 Helensburgh Road, Dunedin pursuant to an agreement dated 5 April 1972 made between the Corporation and the said company).

3 Dunedin City Council: ex gratia payment to contractor for increased fuel costs
  • The Mayor, Councillors, and Citizens of the City of Dunedin (in this section referred to as the Corporation) is hereby authorised to make to McConnell Dowell Constructors Limited (in this section referred to as the Company) an ex gratia payment of $31,224.57 in respect of the increase, during the laying of a pipeline from Deep Stream to the City of Dunedin pursuant to a contract between the Corporation and the Company dated 18 December 1972, of the cost of the lubricants and fuel used by the Company in laying that pipeline.

4 Manukau City Council: lease of land for religious purposes
  • (1) In this section—

    the Corporation means the Mayor, Councillors, and Citizens of the City of Manukau

    the said lease means lease No 077652.1 North Auckland Registry

    the said land means all that parcel of land containing 333 m2, more or less, being lot 43, DP 69242, and being all the land comprised and described in certificate of title No 25B/697, North Auckland Registry.

    (2) The Corporation is hereby authorised and empowered, upon and subject to such terms and conditions as it thinks fit,—

    • (a) by agreement with the lessee for the time being thereunder to vary, in respect of the said land, any covenant, condition, or restriction contained or implied in, or imposed by the said lease; and

    • (b) upon the expiration or surrender of the said lease in respect of the said land, deal with the said land in every way—

    as if the expression commercial or industrial purpose defined in section 365A(1) of the Municipal Corporations Act 1954 included religious, social, or welfare purposes.

5 Manukau City Council: ex gratia payment to contractor
  • The Mayor, Councillors, and Citizens of the City of Manukau (in this section referred to as the Corporation) is hereby authorised and empowered to pay to W. Stevenson & Sons Limited (in this section referred to as the Company) the sum of $772.74, being the extra expenditure incurred by the Company as a result of the increase in the price of bitumen during the completion by the Company of the construction of Davies Avenue under Contract 73/19, pursuant to an agreement between the Corporation and the Company dated 18 February 1974.

6 Manukau City Council: Wiri bus depot
  • (1) Notwithstanding section 7(3) of the South Auckland Local Authorities Empowering Act 1966, the actions of the Mayor, Councillors, and Citizens of the City of Manukau in paying, out of the net proceeds of the sale of the bus depot established under that Act, $30,093 to the Papatoetoe City Council, $36,606 to the Mount Wellington Borough Council, $16,342 to the Otahuhu Borough Council, and $40,513 to itself, are hereby validated and declared to have been lawful.

    (2) The South Auckland Local Authorities Empowering Act 1966 is hereby repealed.

7 Murupara Borough Council: validating excessive rate
  • Notwithstanding that the general rate on the unimproved value of rateable property of 7 cents per dollar resolved to be made and levied in respect of the year that ended with 31 March 1975 by the Murupara Borough Council (in this section referred to as the Council) at a duly notified ordinary meeting held on 28 June 1974 (in this section referred to as the said rate) was invalid by virtue of its exceeding the limit imposed by section 90 of the Municipal Corporations Act 1954,—

    • (a) the said rate is hereby validated and declared to have been lawfully made:

    • (b) all actions of the Council in levying and collecting the said rate are hereby validated and declared to have been lawful:

    • (c) all money received by the Council in payment of the said rate is hereby declared to have been lawfully paid to and received by it:

    • (d) such part of the said rate as has not yet been paid to the Council is hereby declared to be lawfully payable, and capable of being collected as if it had always been lawfully payable.

8 Ngaruawahia Borough Council: validating refund of money from loan
  • The actions of the Ngaruawahia Borough Council in paying the sum of $3,815 out of the proceeds of the loan known as the Water Supply Improvement Loan No 2 1974 into its General and Separate Rates and General Appropriations Account, in repayment of amounts spent in anticipation of the raising of that loan for purposes for which that loan was to be raised, are hereby validated and declared to have been lawful.

9 Papakura City Council: validating illegal loans
  • (1) The actions of the Papakura City Council in raising the loans described in subsection (2) (in this section referred to as the said loans) without first having made a special order as required by section 34 of the Local Authorities Loans Act 1956, and also without having first obtained the consent of the Minister of Finance as required by section 3 of that Act, are hereby validated and declared to have been lawful.

    (2) The said loans comprise:

    • (a) the loan of $35,000 known as the Pensioner Flats (Marne Road) Loan 1974;

    • (b) the loan of $50,000 known as the Sewer Drainage Reticulation Loan 1975; and

    • (c) the loan of $60,000 known as the Water Supply Improvement Loan 1974.

10 Te Aroha Borough Council: validating excessive rate
  • Notwithstanding that the general rate on the unimproved value of rateable property of 4.9196 cents per dollar resolved to be made and levied in respect of the year that ended with 31 March 1975 by the Te Aroha Borough Council (in this section referred to as the Council) at a duly notified ordinary meeting held on 16 July 1974 (in this section referred to as the said rate) was invalid by virtue of its exceeding the limit imposed by section 90 of the Municipal Corporations Act 1954,—

    • (a) the said rate is hereby validated and declared to have been lawfully made:

    • (b) all actions of the Council in levying and collecting the said rate are hereby validated and declared to have been lawful:

    • (c) all money received by the Council in payment of the said rate is hereby declared to have been lawfully paid to and received by it:

    • (d) such part of the said rate as has not yet been paid to the Council is hereby declared to be lawfully payable, and capable of being collected as if it had always been lawfully payable.

11 Te Kuiti Borough Council: extra payment to contractor
  • The actions of the Te Kuiti Borough Council in—

    • (a) entering into an agreement dated 9 December 1974 whereby the said Council, in consideration of the completion by Donald Foster of Te Kuiti, contractor, within the time already specified therefor, of certain works agreed to be done by him, agreed to pay him the sum of $5,228.17 in excess of the amount already agreed to be paid to him for the doing of those works; and

    • (b) paying the amount of $5,228.17 to the said Donald Foster on 13 June 1975—

    are hereby validated and declared to have been lawful.

12 Waihi Borough Council: sale of land taken for public recreation and pleasure ground
  • (1) The land described in subsection (4) (in this section referred to as the said land) is hereby freed from all trusts, reservations, and restrictions, to which it was subject immediately before the commencement of this section:

    provided that this subsection shall not affect any lease to which the said land was then subject, or any renewal of any such lease.

    (2) The Mayor, Councillors, and Citizens of the Borough of Waihi shall not sell any part of the said land except to the lessee for the time being thereof from it.

    (3) The District Land Registrar of the Land Registration District of South Auckland shall do all such things and make all such entries in his registers as may be necessary to give full effect to this section.

    (4) The said land comprises all that area in the South Auckland Land District, Ohinemuri County containing 12.5395 hectares, more or less, being Lot 1, Block I, DP 17197 being Part Waihi No 2 and 3 Blocks, Lots 2–9, Block I, Lots 1–7 and 10–13, Block II, Lots 1–8, 14–19 and 25–28, Block III, Lots 1–15, Block IV, Lots 1–3, Block V, DP 17197 being Part Waihi No 3 Block, Lots 4 and 5, Block V, DP 17197 being Part Waihi No 3 and 5 Blocks, Lots 16–32, Block IV, Lots 6–16, Block V, Lots 1–19, Block VI, Lots 1–15 and 18–29, Block VII, Lots 1–9, Block VIII, Lots 1–32, Block IX, Lots 1–16, Block X, Lots 1–13, Block XI, Lots 1–4, Block XII, Lots 1–19, Block XIII, DP 17197 being Part Waihi No 5 Block, Lots 1–32, 34–59 and Part Lot 33, DP 26781 being Part Waihi No 5 Block, Lots 1 and 2, DPS 10618 being Part Waihi No 3 Block, Lots 1 and 2, DPS 21291 being Part Waihi No 5 Block, Lot 1, DPS 2880 being Part Waihi No 5 Block, all situated in Block III, Waihi North Survey District.

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

13 Waipawa Borough Council: validating sale of land
  • (1) Notwithstanding that the Mayor, Councillors, and Citizens of the Borough of Waipawa (in this section referred to as the Council) failed to give the notice of the time and place of the meetings at which resolutions to sell the land described in subsection (2) (in this section referred to as the said land) were made required to be given by section 150 of the Municipal Corporations Act 1954, and notwithstanding that the land described in subsection (2)(b) and subsection (2)(c) was taken under the Public Works Act 1908 for the purposes of a public recreation reserve and not capable of being sold by the Council, the actions of the Council in executing the following Memoranda of Transfer are hereby validated and declared to have been lawful:

    • (a) the Memorandum of Transfer of the land described in subsection (2)(a) to Delta Engineering Company Limited, a duly incorporated company having its registered office at Waipawa, dated 13 December 1974 and registered in the Hawke's Bay District Land Registry under No 309649.1:

    • (b) the Memorandum of Transfer of the land described in subsection (2)(b) to S. J. E. Stephenson Limited, a duly incorporated company having its registered office at Waipawa, dated 4 October 1974 and registered in the Hawke's Bay District Land Registry under No 309639.2:

    • (c) the Memorandum of Transfer of the land described in subsection (2)(c) to Ashby Brothers (C.H.B.) Limited, a duly incorporated company having its registered office at Waipawa, dated 4 October 1974 and registered in the Hawke's Bay District Land Registry under No 309639.1.

    (2) The said land comprises:

    • (a) all that parcel of land containing 162 m2, more or less, situated in the Borough of Waipawa, being Lot 1, DP 13948, and being all the land comprised and described in certificate of title No F3/694 (Hawke's Bay Registry):

    • (b) all that parcel of land containing 7 773 m2, more or less, situated in the Borough of Waipawa, being Lot 1, DP 14020, and being part of the land comprised and described in certificate of title No F3/1475 (Hawke's Bay Registry):

    • (c) all that parcel of land containing 4 193 m2, more or less, situated in the Borough of Waipawa, being Lot 2, DP 14020, and being all the land comprised and described in certificate of title No F3/1476 (Hawke's Bay Registry).

County councils

14 Bay of Islands County Council: vesting of stopped road
  • (1) The Chairman, Councillors, and Inhabitants of the County of Bay of Islands shall forthwith surrender to the District Land Registrar of the Land Registration District of North Auckland (in this section referred to as the Registrar) the certificates of title relating to the parcels of land described in the Schedule.

    (2) Upon the surrender to the Registrar of the certificate of title relating to it, each such parcel of land shall vest in the owner of adjoining land, and subject to the encumbrances, specified in the sixth column of the Schedule opposite the description of that parcel.

    (3) The Registrar shall, without payment of any fee, do all such things and make all such entries in his registers as may be necessary to give full effect to this section.

15 Bay of Islands County Council: validating uniform annual charges
  • Notwithstanding that the uniform annual charges relating to the Kerikeri water supply scheme resolved to be made and levied by the Bay of Islands County Council (in this section referred to as the Council) at a duly notified ordinary meeting held on 15 August 1975 in respect of the period commencing with 1 July 1975 and ending with 31 March 1976, and at a duly notified ordinary meeting held on 19 May 1976 in respect of the year ending with 31 March 1977 (in this section together referred to as the said charges) were invalid by virtue of their not being made by special order,—

    • (a) the said charges are hereby validated and declared to have been lawfully made:

    • (b) all actions of the Council in levying and collecting the said charges are hereby validated and declared to have been lawful:

    • (c) all money received by the Council in payment of the said charges is hereby declared to have been lawfully paid to and received by it:

    • (d) such part of the said charges as has not yet been paid to the Council is hereby declared to be lawfully payable, and capable of being collected as if it had always been lawfully payable.

16 Taranaki County Council: contribution towards New Plymouth Opera House upgrading
  • The Taranaki County Council (in this section referred to as the Council) is hereby authorised and empowered to pay $2,000 out of its Land Subdivision Reserve Contribution Account to The New Plymouth Opera House Trust Board, a Board duly incorporated under the provisions of Part 2 of the Charitable Trusts Act 1957, for the purpose of upgrading the New Plymouth Opera House; and the said Board shall apply that money for that purpose only:

    provided that the receipt of the Secretary for the time being of the said Board shall be a full and sufficient discharge of the Council for the said money, and the Council shall not be obliged to see to its application.

17 Taupo County Council: validating excessive rate
  • Notwithstanding that the general rate on the unimproved value of rateable property in the Mangakino Riding of 3.07 cents per dollar resolved to be made and levied in respect of the year that ended with 31 March 1975 by the Taupo County Council (in this section referred to as the Council) at a duly notified ordinary meeting held on 25 June 1974 (in this section referred to as the said rate) was invalid by virtue of its exceeding the limit imposed by section 105 of the Counties Act 1956,—

    • (a) the said rate is hereby validated and declared to have been lawfully made:

    • (b) all actions of the Council in levying and collecting the said rate are hereby validated and declared to have been lawful:

    • (c) all money received by the Council in payment of the said rate is hereby declared to have been lawfully paid to and received by it:

    • (d) such part of the said rate as has not yet been paid to the Council is hereby declared to be lawfully payable, and capable of being collected as if it had always been lawfully payable.

18 Whakatane County Council: validating special rates
  • (1) Notwithstanding that the total amount of each of the rates described in subsection (2) (in this section referred to as the said rates) purported to be made by the Whakatane County Council (in this section referred to as the Council) pursuant to section 47 of the Local Authorities Loans Act 1956 exceeded the amount sufficient to provide, in the year to which it applied, for the payment of the annual charges in respect of the special loan for the repayment of which it was made, plus 10% of that loan,—

    • (a) the said rates are hereby validated and declared to have been lawfully made:

    • (b) all actions of the Council in levying and collecting the said rates are hereby validated and declared to have been lawful:

    • (c) all money received by the Council in payment of the said rates is hereby declared to have been lawfully paid to and received by it:

    • (d) such part of the said rates as has not yet been paid to the Council is hereby declared to be lawfully payable, and capable of being collected as if it had always been lawfully payable.

    (2) The said rates comprise:

    • (a) the special rate of 2.85 cents per dollar on the unimproved value of all rateable property in the area formerly known as the County Town of Matata, made by the Council in respect of the year that ended with 31 March 1975 at a duly notified ordinary meeting held on 23 July 1974 for the purpose of meeting the charges on, and repaying, a loan raised for the purposes of the Matata water supply;

    • (b) the special rate of 1.8 cents per dollar on the unimproved value of all rateable property in the area formerly known as the County Town of Edgecumbe, made by the Council in respect of the year that ended with 31 March 1975 at the same meeting for the purpose of meeting the charges on, and repaying, a loan raised for the purposes of the Edgecumbe sewerage scheme; and

    • (c) the special rate of 0.41 cents per dollar on the land value of all rateable property in the community of Matata, made by the Council in respect of the year that ended with 31 March 1976 at a duly notified ordinary meeting held on 29 July 1975 for the purpose of meeting the charges on, and repaying, the said loan raised for the purposes of the Matata water supply.

Miscellaneous

19 Validating Election of Greytown Trust Lands Trustees
  • (1) Notwithstanding the provisions of the Greytown Trust Lands Act 1956, the actions of the Greytown Trust Lands Trustees (in this section referred to as the Board) in—

    • (a) not making available for public inspection between 1 and 15 February 1976 the electors list described in section 4(1) of that Act; and

    • (b) not holding a meeting between 22 and 28 February 1976 to hear and determine objections to the said electors list made pursuant to section 5 of the said Act—

    are hereby validated and declared to have been lawful.

    (2) Notwithstanding the provisions of the Local Elections and Polls Act 1966, the actions of Trevor John Morris, the former Returning Officer for the Board, in—

    • (a) giving a lesser period of notice that an election was to be held on 27 May 1976 than the 35 days' notice required to be given by section 12 of that Act; and

    • (b) accepting from candidates at the said election a deposit of $6 rather than the $10 required to be deposited by them by section 14(1) of the said Act—

    are hereby validated and declared to have been lawful.

    (3) Jack Alexander Hannan, of Greytown, company director, and Burnett Hereward Love Bull, of Greytown, retired overseer, are hereby declared to have been lawfully elected as members of the Board on 27 May 1976.

    (4) For the avoidance of doubt it is hereby declared that Thomas Harold Warburton, of Greytown, market gardener, and Donald Barclay Knight, of Greytown, clerk, were lawfully elected as members of the Board in 1975, and George Guy Brunton, of Greytown, shop manager, and Victor Keith Cooke, of Greytown, chemist, were lawfully elected as members of the Board in 1974.

20 Manawatu Catchment Board: compassionate grant
  • Notwithstanding section 6 of the Finance Act (No 2) 1941, the payment by the Manawatu Catchment Board during the year that ended with 31 March 1976 of the sum of $1,000 to Christina Johanna Leenards, the widow of Alibert Gerhardinus Leenards who at his death was employed by the said Board as Chief Engineer, is hereby validated and declared to have been lawful.

21 Marlborough Hospital Board: maternity facilities at Picton Hospital
  • Notwithstanding section 157(c) of the Hospitals Act 1957 and Schedule 6 thereto, the discontinuance of accommodation and services for maternity patients at the Picton Hospital, on and from 17 November 1975, is hereby validated and declared to have been and to continue to be lawful.

22 Nelson Provincial Museum Trust Board: validation of amendment to agreement by contributing Councils
  • (1) The agreement dated 24 August 1976, a certified copy of which is recorded in the Department of Internal Affairs at Wellington as number 105/887, between the local authorities specified in subsection (9) (in this section referred to as the contributing Councils) is hereby validated and declared to have been lawfully made; and the actions of the contributing Councils in entering into the new agreement are hereby validated and declared to have been lawful.

    (2) The agreement specified in section 40 of the Local Legislation Act 1963, relating to the establishment and control of a museum for the Provincial District of Nelson, (in this section, as amended by the agreement specified in subsection (1), referred to as the said agreement) is hereby declared to have been on and from 24 August 1976 and to continue to be valid and binding upon the contributing Councils, and upon the Waimea County Council as successor to the former Murchison County Council, according to its tenor.

    (3) The contributions payable under the said agreement by the contributing Councils shall continue to be paid to the Nelson City Council (in this section referred to as the Council) and shall continue to be paid by the Council into the special account known as the Museum Account.

    (4) The Executive Committee constituted pursuant to the said agreement shall continue to prepare vouchers for all expenses incurred by it and shall, at the end of every month, submit the vouchers duly certified as payable by the Chairman of the Committee to the Council, which shall be responsible for the payment out of the Museum Account of those expenses.

    (5) All donations and gifts for the Museum, including any bequests or the proceeds of any devises or bequests, that may be received by the Nelson Provincial Museum Trust Board constituted pursuant to the said agreement (in this section referred to as the Board) or by the said Executive Committee or by the Council shall be paid into the special account known as the Gifts Account which shall continue to be kept by the Council; and the funds in that account shall continue to be used for the general purposes of the Museum:

    provided that no money in the Gifts Account shall be expended except pursuant to a resolution of the Board:

    provided also that any property of any kind that is or has been given or held upon trust for a particular purpose shall be used only for that purpose.

    (6) It shall be lawful for the Nelson Institute, a body corporate constituted under the Nelson Institute Act 1907, to transfer all or any of its museum exhibits to the Board.

    (7) While the said agreement remains in force, the Council may, from time to time, make bylaws for the purpose of regulating, controlling, or prohibiting any act, matter, or thing in connection with the control, management, maintenance, or use of the museum:

    provided that no such bylaw shall have any force or effect unless and until it has been approved by a resolution of the Board, which approval may be proved by the production of a copy of the resolution with a certificate thereon purporting to be signed by the Chairman and any 2 members of the Board.

    (8) Part 29 of the Municipal Corporations Act 1954 shall apply to all bylaws made under subsection (7).

    (9) The contributing Councils comprise:

    • (a) the Nelson Borough Council:

    • (b) the Motueka Borough Council:

    • (c) [Repealed]

    • (d) the Richmond Borough Council:

    • (e) the Waimea County Council:

    • (f) the Golden Bay County Council:

    • (g) [Repealed]

    (10) Section 40 of the Local Legislation Act 1963 is hereby consequentially repealed.

    (11) Notwithstanding subsection (10), all bylaws made pursuant to section 40(6) of the Local Legislation Act 1963 that were in force immediately before the commencement of this section shall continue in force, and may be amended or revoked, as if they were made pursuant to subsection (7).

    Section 22(9)(c): repealed, on 23 September 1983, by section 6(2) of the Local Legislation Act 1983 (1983 No 8).

    Section 22(9)(g): repealed, on 23 September 1983, by section 6(2) of the Local Legislation Act 1983 (1983 No 8).

23 Ohura Town Council: validating illegal rates
  • (1) The actions of the former Ohura Town Council (in this section referred to as the Council) in—

    • (a) failing to give the notice required by section 52 of the Rating Act 1967 of its intention to make a rate (in this section referred to as the said rates) in respect of the year that ended with 31 March 1975 at an ordinary meeting held on 16 October 1974 (in this section referred to as the said meeting);

    • (b) failing to fulfil the condition imposed by section 51(b) of the Rating Act 1967 that the said rates be a rate of a stated amount in the dollar on the rateable values of the rateable property appearing in the valuation roll for the time being in force;

    • (c) resolving at the said meeting that the said rates be a rate of 19 cents in the dollar comprising a general rate of 12 cents in the dollar and a water rate of 7 cents in the dollar;

    • (d) calculating the said rates on the basis of the land value of all rateable property appearing in the valuation roll then in force; and

    • (e) issuing demands in respect of the said rate that described the said rate as being calculated on the basis of the unimproved value of all rateable property appearing in the relevant valuation roll and comprising a general rate of 9 cents in the dollar, a water rate of 8 cents in the dollar (being an amount in excess of the limit imposed by section 95(2)(a) of the Municipal Corporations Act 1954), and a street lighting and maintenance rate of 2 cents in the dollar (being an amount in excess of the limit imposed by section 101 of that Act)—

    are hereby validated and declared to have been lawful.

    (2) The said rates are hereby validated and declared to have been lawfully made.

    (3) All actions of the Council and the Taumarunui County Council in levying and collecting the said rates are hereby validated and declared to have been lawful.

    (4) All money received by the Council and the Taumarunui County Council in payment of the said rates is hereby declared to have been lawfully paid to and received by them.

    (5) Such part of the said rates as has not yet been paid to the Council or the Taumarunui County Council is hereby declared to be lawfully payable, and capable of being collected as if it had always been lawfully payable.

24 Waverley Town Council: validating sewerage rates
  • (1) Notwithstanding that the rates described in subsection (2) (in this section referred to as the said rates) made by the Waverley Town Council (in this section referred to as the Council) were not made in conformity with section 103 of the Municipal Corporations Act 1954,—

    • (a) the said rates are hereby validated and declared to have been lawfully made:

    • (b) all actions of the Council in levying and collecting the said rates are hereby validated and declared to have been lawful:

    • (c) all money received by the Council in payment of the said rates is hereby declared to have been lawfully paid to and received by it:

    • (d) such part of the said rates as has not yet been paid to the Council is hereby declared to be lawfully payable, and capable of being collected as if it had always been lawfully payable.

    (2) The said rates comprise:

    • (a) the charges for sewerage services resolved to be made and levied in respect of the year that ended with 31 March 1974 on rateable property in the Town of Waverley at a duly notified ordinary meeting of the Council held on 12 June 1973, being $40 in respect of commercial premises, $20 in respect of occupied residential sections, and $10 in respect of unoccupied sections; and

    • (b) the charges for sewerage services resolved to be made and levied in respect of the year that ended with 31 March 1975 on rateable property in the Town of Waverley at a duly notified meeting of the Council held on 18 June 1974, being $40 in respect of commercial premises, $20 in respect of occupied residential sections, and $10 in respect of unoccupied sections.


Schedule
Areas of stopped road vested in adjacent owners

s 14

Area
(m2)
 Section or allotmentBlockSurvey District or parishCertificate of title No (North Auckland Land Registry) Persons in whom and encumbrances subject to which vested
508 47IRussell28A/758 

Preston Craine Calvert of Whangarei, medical practitioner, and Norah Lucy Mabel Calvert, his wife, subject to Mortgage No 102452.3

1 732 20 & 21XIIPunakitere28A/809.

John Soloman Indyk of Sydney, Australia, surgeon, and Mary Indyk, his wife, subject to Mortgage No 352932 and to lease No 265805.2

1 699 15XIIPunakitere28A/811
207 17XIIPunakitere28A/813
43 19XIIPunakitere28A/814
2 949 14XIIPunakitere28A/810 

Roger John Galilee of Kaikohe, farmer, subject to Mortgages No A220527, 418167.1, and 418167.2

3 242 16XIIPunakitere28A/812.

Glened Farms Limited, a duly incorporated company having its registered office at Kaikohe, subject to Mortgages No 195233 and 603237.2

1 924 18XIIPunakitere28A/815
710 286 Kawakawa28A/1084 

James Flemington Dunn of Kawakawa, farmer, and Ila Joy Dunn, his wife, subject to section 8 of the Coal Mines Amendment Act 1950

3 085 41IRussell33A/20 

Marine Bays Limited, a duly incorporated company having its registered office at Auckland, subject to Mortgage No A434477

53 4XVIPunakitere33A/564.

John Charles Blacklock of Kaikohe, farmer

475 5XVIPunakitere33A/565
523 9XVIPunakitere33A/563 

Ripene Pera Cole of Awarua, married woman

1 489 7XVIPunakitere33A/561 

Rangi Atawhai Wihongi of Kaikohe, farmer, subject to section 10 of the Maori Affairs Amendment Act 1967 and to Mortgage No 283130.2


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 1976. The reprint incorporates all the amendments to the Act as at 23 September 1983, 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)