Local Legislation Act 1985

Reprint
as at 1 March 2002

Coat of Arms of New Zealand

Local Legislation Act 1985

Public Act1985 No 77
Date of assent4 April 1985
Commencement4 April 1985

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 validate certain transactions and other matters

1 Short Title
  • This Act may be cited as the Local Legislation Act 1985.

2 Auckland Harbour Board: authorising lease of Ferry Building
  • (1) Notwithstanding section 144 of the Harbours Act 1950, the Auckland Harbour Board—

    • (a) may—

      • (i) at such rent and upon such terms and conditions as it thinks fit; and

      • (ii) without offering a lease for public application or ballot, or selling a lease by public auction or tender,—

      grant to any person it thinks fit a lease of the land described in subsection (2), or any buildings situated on it, or both:

    • (b) may grant such a lease taking effect in possession more than 6 months after its granting:

    • (c) may enter into a contract to grant such a lease that is not to be executed, and take effect in possession, within 6 months of the making of that contract.

    (2) The said land comprises all that part of the bed of the Waitemata Harbour containing 1 031m2, more or less, being part Block VIII, Rangitoto Survey District, and being part Deeds Index 33A/198, and being all the land shown marked A on SO Plan 58870.

3 Auckland Harbour Board and Birkenhead City Council: authorising lease to Northcote and Birkenhead Yacht Club
  • (1) Notwithstanding section 144 of the Harbours Act 1950, the Auckland Harbour Board may at any time within 12 months of the commencement of this Act—

    • (a) at such rent and upon such terms and conditions as it thinks fit; and

    • (b) without offering a lease for public application or ballot, or selling a lease by public auction or tender,—

    grant to the Birkenhead City Council a lease of the land first described in subsection (4).

    (2) Notwithstanding section 231 of the Local Government Act 1974, but subject to the Reserves Act 1977, the Birkenhead Borough Council may—

    • (a) at such rent and upon such terms and conditions as it thinks fit; and

    • (b) without offering a lease or sublease for public application or ballot, or selling a lease or sublease by public auction or tender,—

    grant to the Northcote and Birkenhead Yacht Club Incorporated a lease of the land secondly described in subsection (4) and a sublease of the land first described in that subsection.

    (3) Any lease granted under subsection (1) shall, notwithstanding its terms, be determined—

    • (a) if, within the period of 12 months after the commencement of this Act, the Birkenhead Borough Council has not granted a lease and sublease under subsection (3), upon the expiration of that period:

    • (b) upon the determination of any such lease or sublease.

    (4) The said land comprises first all that part of the bed of the Waitemata Harbour containing 115m2, more or less, being part Block XII, Waitemata Survey District, and being part of the land in certificate of title No 12A/786 (North Auckland Registry) limited as to parcels, and being all the land shown marked A on SO plan 58848 and secondly all that parcel of land containing 189m2, more or less, being Allotment 673 Parish of Takapuna, and being all the land in certificate of title No 55A/124 (North Auckland Registry).

4 Havelock North Borough Council: validation of excessive special rate
  • Notwithstanding that the special rate on the land value of all rateable property in the Borough of Havelock North of 0.41 cents in the dollar resolved to be made and levied in respect of the year that ended with 31 March 1982 by the Havelock North Borough Council at a duly notified meeting held on 29 June 1981 was invalid by virtue of its exceeding the limit imposed by section 47(1) of the Local Authorities Loans Act 1956,—

    • (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.

5 Wellington City Council: authorising lease to Public Trust
  • (1) Notwithstanding section 231 of the Local Government Act 1974, the Wellington City Council may—

    • (a) at such rent and upon such terms and conditions as it thinks fit; and

    • (b) without offering a lease for public application or ballot, or selling a lease by public auction or public tender,—

    grant to Public Trust, as trustee of the trust known as the Plimmer Trust, a lease of the land described in subsection (2), or any buildings situated on it, or both.

    (2) The said land comprises all that parcel of land situated in the City of Wellington containing 1 150m2, more or less, being Lots 1, 2, 3, and 4, DP 26068, and being part Block VI, Port Nicholson Survey District, and being all the land in certificate of title No 277/190 (Wellington Registry), subject to the easement created by transfer No 269742.

    Section 5 heading: amended, on 1 March 2002, pursuant to section 152(1) of the Public Trust Act 2001 (2001 No 100).

    Section 5(1): amended, on 1 March 2002, pursuant to section 152(1) of the Public Trust Act 2001 (2001 No 100).


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 1985. The reprint incorporates all the amendments to the Act as at 1 March 2002, 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)