Local Legislation Act 1981

Reprint
as at 21 October 1981

Coat of Arms of New Zealand

Local Legislation Act 1981

Public Act1981 No 52
Date of assent20 October 1981
Commencement20 October 1981

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 1981.

City and borough councils

2 Hokitika Borough Council: authorising payments out of Reserves Endowment Fund
  • (1) Notwithstanding section 230 of the Local Government Act 1974, the Hokitika Borough Council may, out of its Reserves Endowment Fund,—

    • (a) expend on—

      • (i) the purchase of audio-visual equipment for the West Coast Historical Museum; or

      • (ii) the reimbursement to its general funds of amounts expended for that purpose before the commencement of this Act,—

      such sum or sums (not exceeding $13,000 in the aggregate) as it thinks fit:

    • (b) expend on—

      • (i) making payments to the Hokitika Community Centre Committee for the purpose of the purchase of furnishings for the Regent Theatre, Hokitika; or

      • (ii) the reimbursement to its general funds of amounts expended for that purpose before the commencement of this Act,—

      such sum or sums (not exceeding $25,000 in the aggregate) as it thinks fit.

    (2) The receipt of the treasurer of the Hokitika Community Centre Committee shall be a sufficient discharge to the said Council for any money paid under subsection (1)(b)(i); and it shall not be required to look to the application of any money so paid.

3 Kapiti Borough Council: excluding properties from special rating area
  • (1) The special rating area immediately before the commencement of this Act comprising the properties specified in the roll sealed by the Kapiti Borough Council (hereafter in this section referred to as the Council), and authenticated by the Mayor of the Council, on 15 December 1975 shall, upon and after that commencement, be deemed not to include any land not situated in the Paraparaumu Ward.

    (2) As soon as is practicable after that commencement, the Council shall refund to the person who paid it (or, where the person who paid it is dead, to his personal representatives), without interest, every amount paid to the Council by way of special rate on land not situated in the Paraparaumu Ward in relation to the repayment of the Paraparaumu Sewerage (Stage I) Loan 1975, the Paraparaumu Sewerage (Stage II) Loan 1979, or the Paraparaumu Sewerage Loan 1980.

4 Lyttelton Borough Council: amendments to Lyttelton Borough Empowering Act 1976
  • (1) This section shall be read together with and deemed part of the Lyttelton Borough Empowering Act 1976 (hereafter in this section referred to as the principal Act).

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

5 Whangarei City Council: authorising use towards building of cultural and recreational centre of proceeds from sale of abattoir
  • (1) Notwithstanding section 230 of the Local Government Act 1974, the Whangarei City Council is hereby authorised and empowered to expend all or any part of the proceeds of the sale of the land described in subsection (2) (after making provision for the repayment from those proceeds of the unpaid balance of all money borrowed by the said Council, the Dargaville Borough Council, the Hikurangi Town Council, the Hobson County Council, the Otamatea County Council, and the Whangarei County Council, or any of them, in respect of the Whangarei abattoir) towards the cost of constructing a cultural and recreational centre on land owned by the said Council.

    (2) The said land comprises all that parcel of land containing approximately 7.2438 hectares, being Section No 1A of Block XVI of the Purua Survey District, and being all the land comprised and described in certificate of title, Volume 182, folio 242 (North Auckland Registry).

County councils

6 Bay of Islands County Council: authorising grant towards gymnasium
  • (1) Notwithstanding that it is not otherwise authorised to do so, but subject to subsection (2), the Bay of Islands County Council is hereby authorised and empowered to pay to the Kerikeri High School Board of Governors out of its Land Subdivision Reserve Fund Account such sum or sums (not exceeding in the aggregate $20,000) as the said Council thinks fit towards the cost of constructing a gymnasium at Kerikeri High School; 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.

7 Rangitikei County Council: authorising retail sale of compressed natural gas outside district
  • (1) Subject to subsection (2), section 520(c) of the Local Government Act 1974 shall apply to the Rangitikei County Council (hereafter in this section referred to as the said Council) as if—

    • (a) the district of the Marton Borough Council were within the district of the said Council; and

    • (b) the Governor-General had, by Order in Council, consented to the said Council's supplying compressed natural gas within its district.

    (2) Where any person has applied to him in that behalf, the Minister of Energy shall, if he is satisfied that there has been established in any place reasonably conveniently accessible to the inhabitants of the district of the said Council any installation that may lawfully and can provide a supply of compressed natural gas adequate for the immediately forseeable requirements of those inhabitants, by notice in writing to the said Council, require the said Council to cease supplying compressed natural gas to the public.

    (3) After the expiration of 6 months (or such lesser period as is specified in the notice) from the date of the receipt by the said Council of a notice under subsection (2), section 520 of the Local Government Act 1974 shall apply to the said Council as if subsection (1) had never been passed.

8 Waimairi County Council: authorising grant towards hall
  • (1) Notwithstanding that it is not otherwise authorised to do so, but subject to subsection (2), the Waimairi County Council is hereby authorised and empowered to pay to the Canterbury Education Board out of its Land Subdivision Reserve Account such sum or sums (not exceeding in the aggregate $92,000) as it thinks fit towards the cost of constructing a hall at Windsor Primary School; 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 hall 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 hall 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.

Electric Power Board and Harbour Board

9 King Country Electric Power Board: validating unlawful construction of buildings
  • Notwithstanding section 47 of the Electric Power Boards Act 1925, every action of the King Country Electric Power Board before the commencement of this Act relating to the building, adding to, or improvement of premises situated within the district of the Taumarunui Borough Council is hereby deemed to be as valid and effectual as if those premises were at all material times within the Board's district; and the Board may at any time add to or extend any premises so situated built before that commencement.

10 Otago Harbour Board: validating unauthorised expenditure
  • The actions of the Otago Harbour Board in paying to the Port Chalmers Yacht Club, during the year that ended with 30 September 1980, the sum of $5,000 are hereby validated and deemed to have been lawful.


Contents

  • 1General

  • 2Status of reprints

  • 3How reprints are prepared

  • 4Changes made under section 17C of the Acts and Regulations Publication Act 1989

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


Notes
1 General
  • This is a reprint of the Local Legislation Act 1981. The reprint incorporates all the amendments to the Act as at 21 October 1981, 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)