Mount Albert Licensing Trust Dissolution Act 1986

Reprint
as at 7 May 1986

Coat of Arms of New Zealand

Mount Albert Licensing Trust Dissolution Act 1986

Public Act1986 No 9
Date of assent6 May 1986
Commencement6 May 1986

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 Ministry of Justice.


An Act to make provision for the winding-up and dissolution of the Mount Albert Licensing Trust and the inclusion of its trust area in the trust area of the Portage Licensing Trust

  • Preamble

    Whereas the Mount Albert Licensing Trust was constituted in 1972, as a suburban licensing trust, in respect of that part of the Mount Albert Borough that formerly comprised part of the no-licence district of Auckland Suburbs West: And whereas for various reasons the Trust has not established any premises for the sale and supply of liquor: And whereas the Trust is insolvent and has resolved that it be wound up: And whereas there is presently no provision in law for the winding-up and dissolution of suburban licensing trusts.

1 Short Title
  • This Act may be cited as the Mount Albert Licensing Trust Dissolution Act 1986.

2 Interpretation
  • In this Act, unless the context otherwise requires,—

    Minister means the Minister of Justice

    Official Assignee has the meaning assigned to that term by section 2 of the Insolvency Act 1967

    Portage Licensing Trust means the Portage Licensing Trust constituted by the Portage Licensing Trust Constitution Notice 1972 (published in the Gazette of that year at pages 1916 and 1917); and the trust area of the Portage Licensing Trust means the land described in Schedule 1 of that notice

    the resolution to wind up means the resolution passed by the Trust on 15 July 1985 to the effect that the necessary steps be taken for the winding-up of the Trust

    the Trust or Mount Albert Licensing Trust means the Mount Albert Licensing Trust constituted by the Mount Albert Licensing Trust Constitution Notice 1972 (published in the Gazette of that year at page 1916); and Mount Albert Licensing Trust area means the land described in the Schedule of that notice.

3 Application of Part 6 of Companies Act 1955 for purposes of winding-up
  • (1) Subject to the succeeding provisions of this section, for the purposes of the winding-up of the Trust the provisions of sections 271, 273, 291 to 315, and 321 to 341 of the Companies Act 1955, so far as they are applicable and with the necessary modifications, shall apply as if—

    • (a) the Trust were a company formed and registered under that Act; and

    • (b) each member of the Trust were a director of such a company; and

    • (c) the resolution to wind up were a special resolution passed by such a company that the company be wound up voluntarily; and

    • (d) that resolution were passed on the date of the commencement of this Act; and

    • (e) the winding-up were a creditors' voluntary winding-up within the meaning of section 274(4) of that Act.

    (2) The Official Assignee shall be the liquidator of the Trust for the purpose of winding up its affairs and distributing the assets of the Trust.

    (3) As soon as practicable after the commencement of this Act, the Official Assignee shall take the following steps:

    • (a) cause notice of the fact that the Official Assignee is the liquidator of the Trust to be advertised once in the Gazette and once in at least 2 newspapers circulating in Auckland:

    • (b) send to each creditor of the Trust, and to every other person who claims to be a creditor of the Trust and who requests the information, a full statement of the position of the Trust's affairs, together with a list of the creditors of the Trust and the estimated amount of their claims.

    (4) When the affairs of the Trust are fully wound up, the following provisions shall apply instead of the provisions of subsections (4) to (6) of section 291 of the Companies Act 1955:

    • (a) within 7 days after the date of the general meeting of the Trust and a meeting of the creditors required by subsection (1) of that section, or, if the meetings are not held on the same date, after the date of the later meeting, the Official Assignee shall send to the Minister a copy of the account of the winding-up as required by that subsection, and, subject to paragraph (b) of this subsection, shall make a return to the Minister of the holding of the meetings and of their dates:

    • (b) if a quorum is not present at either such meeting, the Official Assignee shall, instead of the return mentioned in paragraph (a), make a return that the meeting was duly summoned and that no quorum was present at that meeting:

    • (c) as soon as practicable after receiving the account and returns, the Minister shall, by notice in the Gazette, formally dissolve the Trust.

4 Trust area to be incorporated into Portage Licensing Trust area
  • On the dissolution of the Trust, the Minister shall, either by the same or another notice in the Gazette, amend the trust area of the Portage Licensing Trust by including in it the Mount Albert Licensing Trust area, and make such provision for the election of members of the Portage Licensing Trust by persons resident in the Mount Albert Licensing Trust area as the Minister thinks fit.


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 Mount Albert Licensing Trust Dissolution Act 1986. The reprint incorporates all the amendments to the Act as at 7 May 1986, 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)