Local Legislation Act 1978

Reprint
as at 13 October 1978

Coat of Arms of New Zealand

Local Legislation Act 1978

Public Act1978 No 44
Date of assent12 October 1978
Commencement12 October 1978

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.


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 1978.

City and Borough Councils

2 Cambridge Borough Council: validating illegal agreements to sell land
  • (1) Notwithstanding that they were without the consent of the Minister of Local Government required by section 150(4) of the Municipal Corporations Act 1954, the actions of the Cambridge Borough Council in entering, as the Mayor, Councillors, and Citizens of the Borough of Cambridge, into the agreements for the sale and purchase of land that is a municipal endowment specified in the Schedule are hereby validated and deemed to have been lawful, and those agreements are hereby validated and deemed to be lawful; and the said Council is hereby authorised and empowered to sell the land agreed to be sold accordingly.

    (2) The proceeds from the sale of the said land shall be invested—

    • (a) in other land; or

    • (b) in securities of other local authorities; or

    • (c) on deposit with the National Provident Fund or any Bank; or

    • (d) in first mortgage loans for staff housing—

    so as to preserve the endowment.

3 Hamilton City Council: validating illegal use of loan money
  • The actions of the Hamilton City Council in paying into its General Fund—

    • (a) out of the proceeds of the loan known as the Sewer Loan 1975, the sum of $622,094; and

    • (b) out of the proceeds of the loan known as the Sewer Loan No 2 1975, the sum of $508,600,—

    (being in each case an amount spent, for purposes for which the loan concerned was to be raised, in anticipation of the raising of that loan) are hereby validated and deemed to have been lawful.

4 Huntly Borough Council: validating illegal use of loan money
  • The actions of the Huntly Borough Council in paying into its General Bank Account $30,000 out of the proceeds of the loan known as the Huntly Public Library Loan 1976 (being an amount spent, for purposes for which it was raised, in anticipation of the raising of that loan) are hereby validated and deemed to have been lawful.

5 Kapiti Borough Council: authorising grant towards gymnasium
  • (1) Notwithstanding that it is not otherwise authorised to do so, but subject to subsection (2), the Kapiti Borough Council is hereby authorised and empowered to pay to the Board of Governors of Paraparaumu College out of its Reserves Contribution Account such sum or sums (not exceeding in the aggregate $70,000) as the said Council thinks fit towards the cost of constructing a gymnasium at Paraparaumu College; and the said Board shall hold and apply all such sums for that purpose.

    (2) The said Council shall not so pay any such sum until—

    • (a) it has been granted by the said Board a licence under section 6A of the Education Lands Act 1949 to use the said gymnasium and its ancillary facilities; and

    • (b) the Minister of Recreation and Sport has notified the said Council in writing that he is satisfied that the licence so granted provides for the reasonable use by members of the public of the said gymnasium and its ancillary facilities.

    (3) Notwithstanding subsection (1), the receipt of the Secretary for the time being of the said Board shall be a full and sufficient discharge to the said Council for any such sum, and the said Council shall not be obliged to see to its application.

6 One Tree Hill Borough Council: authorising application of proceeds from sale of certain land
  • (1) Notwithstanding section 230(3) of the Local Government Act 1974, the One Tree Hill Borough Council is hereby authorised and empowered to apply the proceeds from the sale of the land described in subsection (2) towards—

    • (a) the purchase of land; and

    • (b) the development of buildings,—

    associated with the said Council's activities, or for either of those purposes.

    (2) The said land comprises all that parcel of land containing 2.3 perches, more or less, being part Lot 30, DP 4384, and being portion of Allotment 1, Section 12, Suburbs of Auckland, and being all the land comprised and described in certificate of title, Volume 160, folio 227 (North Auckland Registry).

7 Pahiatua Borough Council: validating excessive rate
  • Notwithstanding that the general rate on the land value of all rateable property in the Borough of Pahiatua of 7.88 cents per dollar resolved to be made and levied in respect of the year that ended with 31 March 1977 by the Pahiatua Borough Council at a duly notified meeting held on 14 June 1976 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 deemed to have been lawfully made:

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

    • (c) all money received by the said Council in payment of the said rate is hereby deemed 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 said Council is hereby deemed to be lawfully payable, and capable of being collected as if it had always been lawfully payable.

8 Wairoa Borough Council: validating incorrectly calculated rates
  • (1) Notwithstanding that the rates described in subsection (2) (in this section referred to as the said rates) resolved to be made and levied in respect of the year that ended with 31 March 1977 by the Wairoa Borough Council at a duly notified ordinary meeting held on 28 June 1976 were not made in conformity with sections 102 and 103 of the Municipal Corporations Act 1954,—

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

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

    • (c) all money received by the said Council in payment of the said rates is hereby deemed 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 said Council is hereby deemed to be lawfully payable, and capable of being collected as if it had always been lawfully payable.

    (2) The said rates comprise:

    • (a) the separate sanitation charge of $50 on all rateable commercial and industrial properties in the Borough of Wairoa having a building thereon:

    • (b) the separate drainage rate of 0.58 cents per dollar on the land value of all rateable property in the said Borough connected, directly or through a private drain, to any public drain:

    • (c) the annual charge of $20 for each second or subsequent water closet or urinal in any building situated on or comprising rateable property in the said Borough.

9 Waitemata City Council: validating illegally made contract and payment under it
  • Notwithstanding that they were contrary to section 147 and Schedule 5 of the Municipal Corporations Act 1954, the actions of the Waitemata City Council in,—

    • (a) entering into a contract with Winstone Quarries Limited for the refurbishing of a Goodwin Barsby Primary Jaw Crusher otherwise than in accordance with those provisions; and

    • (b) on 29 March 1978, paying $15,050.23 to the said Winstone Quarries Limited in respect of work done under the said contract,—

    are hereby validated and deemed to have been lawful.

County Councils

10 Cook County Council: deeming rates to have been made
  • (1) Notwithstanding that the rates described in subsection (2) were never lawfully made—

    • (a) the said rates are hereby deemed to have been lawfully resolved to be made and levied on 21 May 1976 in respect of the year that ended with 31 March 1977:

    • (b) all actions of the said Council in levying and collecting the said rates, allowing a discount of 5% on amounts paid to it in respect of such of the said rates as were general, separate, or special rates, and were so paid before 28 August 1976, and imposing a penalty of 10% on such part of the said rates as had not been paid to it by 4 pm on 28 January 1977, are hereby validated and deemed to have been lawful:

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

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

    (2) The said rates comprise the general rate of 0.5262 cents per dollar on the land value of all rateable property in that part of the County of Cook defined as the Differential Rating Area No 1 other than the former Patutahi Town District, the general rate of 0.9227 cents per dollar on the land value of all rateable property in that part of the County of Cook defined as the Differential Rating Area No 2, the general rate of 1.1501 cents per dollar on the land value of all rateable property in that part of the County of Cook defined as the Northern Division, the general rate of 0.3219 cents per dollar on the capital value of all rateable property in that part of the County of Cook which comprises the former Patutahi Town District, the general separate rate of 0.8006 cents per dollar on the land value of all rateable property in that part of the County of Cook which comprises the Makaraka Separate Rating Area, and the special rate of 0.0637 cents per dollar on the land value of all rateable property in that part of the County of Cook which comprises the Wainui Beach Erosion Loan Special Rating Area, a resolution stating the intention of the Cook County Council to make all of which in respect of the year that ended with 31 March 1977 was passed by the said Council at a duly notified meeting held on 21 May 1976.

11 Hokianga County Council: validating unauthorised borrowing
  • Notwithstanding that section 40(2) of the Local Authorities Loans Act 1956 provides that the sanction of the Local Authorities Loans Board to the raising of a special loan lapses at the expiration of 10 years after the giving of that sanction where part of the loan has been raised within the period of 3 years after the giving of that sanction, the actions of the Hokianga County Council in borrowing the sum of $5,000, in respect of a loan known as the Opononi Development Loan 1966, after 20 September 1976 (being the final day of a period of 10 years from the date on which the said Board gave its sanction to the raising of that loan) are hereby validated and deemed to have been lawful; and every debenture and other security issued in respect of the borrowing and repayment of that sum is hereby deemed to be as valid and effectual as it would be if that sum had been borrowed on 20 September 1976.

12 Waitaki County Council: increasing incorrectly calculated rates
  • (1) For the purposes of this section the appropriate lower rate, in relation to any property, means whichever of the rates described in subsection (2) would, but for that subsection, have applied to that property on 29 July 1977.

    (2) The several differential general rates resolved to be made and levied on rateable property within the County of Waitaki in respect of the year that ended with 31 March 1978 by the Waitaki County Council at a duly notified ordinary meeting held on 29 July 1977 are hereby deemed not to have so been made and levied.

    (3) The said Council is hereby deemed to have lawfully resolved, on 29 July 1977, that there be made and levied on every rateable property in the said County, in respect of the year that ended with 31 March 1978, a general rate (in this section referred to as the appropriate higher rate) 100 times the amount of the appropriate lower rate.

    (4) All actions of the said Council in levying, in respect of the general rate for the year that ended with 31 March 1978 on any rateable property in the said County, an amount calculated on the basis of the appropriate higher rate are hereby validated and deemed to have been lawful.

    (5) All money received by the said Council in payment of the general rate for the year that ended with 31 March 1978 on any rateable property in the said County, calculated on the basis of the appropriate higher rate, is hereby deemed to have been lawfully paid to and received by it.

    (6) Such part of the general rate for the year that ended with 31 March 1978 on any rateable property in the said County, calculated on the basis of the appropriate higher rate, as has not yet been paid to the said Council is hereby deemed to be lawfully payable to it, and capable of being collected as if it had always been lawfully payable.

Catchment Commissions, Drainage Boards, Town Councils, and Hospital Boards

13 Taranaki Catchment Commission: validating illegal loan
  • (1) Notwithstanding that it was not so advanced for a purpose authorised by section 22(1)(d) of the Finance Act (No 2) 1947, the actions of the Taranaki Catchment Commission in advancing, on 31 May 1977, to Warwick Bruce Coombridge and Alison Nancy Coombridge the sum of $17,000 upon the security of a first mortgage over the land more particularly described in subsection (2) are hereby validated and declared to have been lawful.

    (2) The said land comprises all that parcel of land situated in Block I, Ngaere Survey District containing 8 759 m2, more or less, being part Lot 1, DP 1988, and being all the land comprised and described in certificate of title No D4/1179 (Taranaki Registry).

14 Wakapuaka Drainage Board: validating illegal reclassification of land
  • (1) All the rateable property within the district of the Wakapuaka Drainage Board is hereby deemed to be classified for the purposes of Part 1 of the Land Drainage Act 1908 as follows:

    • (a) all the rateable property in that part of the district that is bounded by Main Glen Road and Athol Street is classified as class B:

    • (b) subject to paragraph (a), such of the rateable property in the district as was, immediately before the commencement of this Act, classed as class A or class B is classified as class A or class B, as the case may be:

    • (c) subject to paragraph (a), such of the said property as was, immediately before the commencement of this Act, purported to be classed as class B Special is classified as class C.

    (2) The classification of land effected by subsection (1) may be amended, or there may be a classification list made in substitution for it, as if it were a classification list made under section 33 of the Land Drainage Act 1908.

    (3) Notwithstanding that the rates on rateable property in the Wakapuaka Drainage District resolved to be made and levied in respect of the year that ended with 31 March 1978 by the Wakapuaka Drainage Board at a meeting held on 25 November 1977 (in this section referred to as the said rates) were so resolved to be made and levied on the basis of a classification list that had been unlawfully amended,—

    • (a) the said rates are hereby deemed to be as valid and as lawfully made; and

    • (b) all actions of the said Board in levying and collecting the said rates are hereby deemed to be as valid and as lawful; and

    • (c) all money received by the said Board in payment of the said rates is hereby deemed to have been as lawfully paid to and received by it; and

    • (d) such part of the said rates as has not yet been paid to the said Board is hereby deemed to be as lawfully payable and capable of being collected—

    as if subsection (1) had been in force on 25 November 1977.

    (4) For the purposes of subsection (3), every reference in any resolution, notice, advertisement, minute, assessment, bill, receipt, or other document, that—

    • (a) was, on or after 25 November 1977, or is hereafter, passed, issued, published, or made; and

    • (b) relates to any rateable property within the Wakapuaka Drainage District—

    to property that is classified class B Special shall be deemed to be, and always to have been, a reference to property that is classified class C.

15 Waverley Town Council: validating illegal payment of retirement gratuity
  • Notwithstanding that the actions of the Waverley Town Council in paying to James Edward Armstrong, during the year that ended with 31 March 1978, a retirement gratuity of $500 were illegal by virtue of the fact that he had not been in the service of the said Council for 10 years as required by section 6 of the Finance Act (No 2) 1941, those actions are hereby validated and deemed to have been lawful.

16 Wellington Hospital Board: validating illegal use of loan money
  • Notwithstanding that the loan known as the Hospital Works Loan 1974 was not raised for such a purpose, the actions of the Wellington Hospital Board in expending $120,918 out of the proceeds of that loan for the purpose of purchasing certain motor vehicles are hereby validated and deemed to have been lawful.


Schedule
Agreements for sale and purchase validated

s 2

Agreements in respect of which certificate of title issued

Purchasers Certificate of title (South Auckland Registry)
Rex James Beech and Phyllis Norma Beech 4C/1391
Rodney Alexander William Biggar and Shirley Verrell Biggar 18C/45
Kerry Edward Boyce and Margaret Anne Boyce 4C/1476
Raymond Thomas Brown 4C/1194
John William Burgess 4C/1298
Antoinette Hotop 18C/105
Ian Peter Coles and Joyce Glover Coles 4C/1449
Arthur Wilfred George and Hilda Maud George 4C/1466
Thomas Cleland Gillies and Patricia Shirley Gillies 15B/1126
James Gordon Hawker and Dorothy May Hawker 15D/1372
Desmond Walter Herbert 18C/399
Max William Highnam 18C/326
Allan David Jamieson and Zelda Roena Jamieson 15A/82
William Leo Kelly and Margaret Lorraine Kelly 18C/179
Ian Terrence McKelvey 4C/1440
Francis Cardigan Pierce 4C/1215
Johannes Maria Rakels and Lesley Alwyn Rakels 4C/1335
Thelma Mary Reid 18C/277
Elsie May Shaw 18C/398
Michael Francis Swayne 18C/428
Roger Lawrence Stewart and Pauline Lydia Stewart 4C/1392
Raymond Langley Stites and Betty Mae Stites 18C/2
Franciscus Cabrini Maria Van Den Heuvel 18C/48
Brian William Webber 18C/1

Other agreements

  • 1 An agreement dated 5 March 1971 for the sale of the land comprising 809 m2, more or less, being Lot 8, DP S4995, and being all the land comprised and described in certificate of title No 11B/44 (South Auckland Registry) to George Robert Hawkes and Maureen Margaret Hawkes.

  • 2 An agreement dated 27 July 1972 for the sale of the land comprising 865 m2, more or less, being Lot 1, DP S1582, and being all the land comprised and described in certificate of title No 13C/1202 (South Auckland Registry) to Graham Edward Holmes and Lloma Patricia Holmes.

  • 3 An agreement dated 27 September 1972 for the sale of the land comprising 35.2 perches, more or less, being Lot 3, DP S1821, and being part of the land comprised and described in certificate of title, Volume 661, folio 140 (South Auckland Registry) to Clara Evelyn Wallis.

  • 4 An agreement dated 25 July 1973 for the sale of the land comprising 874 m2, more or less, being Lot 2, DP S1582, and being all the land comprised and described in certificate of title No 13C/1203 (South Auckland Registry) to Bruce Victor Young.

  • 5 An agreement dated 27 April 1971 for the sale of the land comprising 35.6 perches, more or less, being Lot 1, DP S2471, and being part of the land comprised and described in certificate of title, Volume 48, folio 27 (South Auckland Registry) to James Patrick Mullins.


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 1978. The reprint incorporates all the amendments to the Act as at 13 October 1978, as specified in the list of amendments at the end of these notes.

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

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

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

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

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

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

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

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

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

    • layout of provisions, including:

      • indentation

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

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

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

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

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

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

    • case and appearance of letters and words, including:

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

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

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

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

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

5 List of amendments incorporated in this reprint (most recent first)