This Act may be cited as the New Plymouth Airport Act, 1937.

In this Act, if not inconsistent with the context,—

There shall be established in accordance with this Act a Board, to be called the New Plymouth Airport Board.

The Board shall be a body corporate with perpetual succession and a common seal, capable of holding real and personal property, of suing and being sued, and of doing and suffering all such other acts and things as bodies corporate may lawfully do and suffer.

The Board may from time to time, by special resolution, alter its common seal.

The common seal of the Board shall not be affixed to any deed or instrument except in the presence of two of the members of the Board, and every deed or instrument for which such seal is required shall be signed by two of the members and by the Secretary of the Board.

Any contract which if made between private persons must be by deed, shall, if made by the Board, be in writing under the seal of the Board.

Any contract which if made between private persons must be in writing signed by the parties to be charged therewith, shall, if made by the Board, be either under the seal of the Board or signed by two members of the Board acting on behalf of and by direction of the Board.

Any contract which if made between private persons may be made verbally without writing may be similarly made by or on behalf of the Board by any two members acting by direction of the Board, but no verbal contract shall be made for any sum exceeding twenty pounds.

Notwithstanding any of the foregoing provisions of this section, no contract made by or on behalf of the Board shall be invalid by reason only that it was not made in the manner provided by this section, if it was made pursuant to a resolution of the Board or to give effect to a resolution of the Board.

The Board shall consist of seven members, who, except as hereinafter otherwise provided, shall be appointed in manner following:—

The Board established under this Act shall be deemed to be the same Board, with the same corporate identity, as the Board established under the New Plymouth Airport Act, 1933.

The members of the Board in office at the commencement of this Act shall continue to hold office until their respective successors appointed under this Act come into office.

If from any cause the Council, being under a duty to appoint a member of the Board, shall fail, neglect, or refuse so to do within the time appointed in that behalf, and such failure, neglect, or refusal shall continue for fourteen days after notice in writing shall have been given by the club to the Council that the club intends to exercise its powers hereunder, the club may appoint any person whomsoever, being a bona fide resident of the Borough of New Plymouth, to be a member of the Board in lieu of the member who ought to have been so appointed by the Council.

If from any cause the club, being under a duty to appoint a member of the Board, shall fail, neglect, or refuse so to do within the time appointed in that behalf, and such failure, neglect, or refusal shall continue for fourteen days after notice in writing shall have been given by the Council to the club that the Council intends to exercise its powers hereunder, the Council may appoint any person whomsoever, being a bona fide resident of the Borough of New Plymouth, to be a member of the Board in lieu of the member who ought to have been so appointed by the club.

If at any time the rights, powers, and privileges conferred on the club by this Act are determined or cancelled, or cease, the right conferred on the club to appoint any member or members of the Board shall be exercisable by the Council, and not by the club.

Except in the case of appointments to fill extraordinary vacancies, every member of the Board shall come into office on the first Monday in July following the time fixed for his appointment, and shall, unless his office sooner becomes vacant, hold office until his successor comes into office.

The appointment of members of the Board shall take place in the month of June in every third year, and the first of such triennial appointments after the coming into operation of this Act shall take place in the month of June, nineteen hundred and thirty-eight.

Retiring members shall be eligible for reappointment either by the same or another appointing authority.

The Board shall not be concerned to see or inquire into the validity of any appointment of members, and shall be entitled to accept as conclusive evidence of the validity thereof a notification of any such appointment in writing from the person or body authorized under the provisions of this Act to make such appointment.

If any person knowingly inserts, or causes or allows to be inserted in any notification as aforesaid, any false statement as to the appointment of any member, he shall be liable to a fine not exceeding fifty pounds.

The Board is hereby declared to be a local authority for the purposes of the Local Authorities (Members’ Contracts) Act, 1934.

The following persons shall be incapable of being appointed to be or of being members of the Board, that is to say:—

If any person, while holding office as a member of the Board, becomes incapable of continuing to hold office under the last preceding section, his office shall be thereby vacated, and such vacancy shall be deemed an extraordinary vacancy.

Every person who does any act as a member of the Board, while incapacitated under the last preceding section, otherwise than under paragraph (c) thereof, shall be liable to a fine not exceeding fifty pounds.

A member of the Board may resign his office by writing under his hand delivered to the Chairman or Secretary of the Board, and in such case, or in the case of his death, incapacity, or ouster from office, or his absence without the leave of the Board from four consecutive ordinary meetings thereof, his office shall become vacant, and such vacancy shall be deemed an extraordinary vacancy.

If any member of the Council is appointed by it to be a member of the Board and thereafter ceases to be a member of the Council, he shall, on the expiration of two months after he has so ceased to be a member of the Council, vacate his office as a member of the Board, unless in the meantime he has been confirmed in his office by resolution of the Council. Any vacancy so created shall be deemed an extraordinary vacancy.

In the event of an extraordinary vacancy occurring in the office of a member of the Board,—

Subject to the provisions of section eight of this Act, the appointment of a member to fill an extraordinary vacancy shall be made not later than two months after the vacancy occurs.

A person appointed to be a member of the Board to fill an extraordinary vacancy shall come into office on his appointment, and shall hold office so long only as his predecessor would have held it.

Upon proof in the first instance, by affidavit or otherwise, that any member of the Board is or has become incapable of holding his office, the Magistrate’s Court in the Borough of New Plymouth may grant a summons calling upon the person holding such office to show cause why he should not be adjudged to be ousted of the same.

If on the return of such summons it appears to the Court, on affidavit or oral evidence on oath, that such person is incapable of holding the said office, the Court may adjudge such person to be ousted of the same, and such person shall be ousted from such office accordingly.

In any such proceeding the Magistrate’s Court may exercise all the powers and authorities which it may exercise in its ordinary jurisdiction in civil cases; and the procedure of such Court shall, so far as applicable, apply generally to proceedings had under this section.

No question which may be tried under this section shall be tried in the Supreme Court; and no proceedings in the Magistrate’s Court hereunder shall be removable into the Supreme Court by certiorari or otherwise.

An annual meeting of the Board shall be held in the month of July in every year.

Other meetings shall be held as the Board shall from time to time determine.

At every annual meeting of the Board, and as often as the office of Chairman becomes vacant, the members shall elect one of their number to be Chairman, who shall hold office until the appointment of his successor.

At every meeting for the election of Chairman the Secretary of the Board shall preside, and in any case of equality of votes shall determine the election by lot.

The Chairman shall preside at each meeting of the Board at which he is present, but in his absence from any meeting the members present shall elect a member to act as the Chairman at such meeting.

The Chairman at any meeting shall have a deliberative vote, and in case of an equality of votes shall also have a casting vote.

No business shall be transacted at any meeting of the Board unless at least a quorum of members is present thereat during the whole time at which the business is transacted.

A quorum shall consist of four members of the Board.

All acts of the Board and all questions before the Board may be done and decided by the majority of the valid votes cast by such members of the Board as are present and vote at a meeting held in pursuance of this Act or any rule of the Board made thereunder.

Meetings of the Board shall be open to the public, but the Board for sufficient cause, of which it shall be sole judge, may exclude strangers from any meeting. The Chairman at any meeting may authorize any constable or officer of the Board to remove any stranger from the meeting for any cause which, as Chairman of the Board, he may deem sufficient.

A member of the Board shall not vote on or take part in the discussion of any matter before the Board in which he has, directly or indirectly, by himself or his partner, any pecuniary interest otherwise than as a member of an incorporated company in which there are more than twenty members, and of which he is not the general manager or manager.

A member who knowingly offends against the provisions of this section shall be liable to a fine not exceeding fifty pounds for every such offence, and upon conviction his seat on the Board shall become vacant.

No act or proceeding of the Board, or of any person acting as a member of the Board, shall be invalidated or be deemed illegal in consequence only of the number of the members of such Board not being complete at the time of such act or proceeding.

All acts and proceedings of the Board shall, notwithstanding the fact that there was some defect in the appointment of any person as a member thereof, or that any member is disqualified or has forfeited his office or is not entitled to act or vote, be as valid as if every such person had been duly appointed and was qualified to be and to act and vote as a member of the Board.

It shall be lawful for the Board, if it thinks fit, to pay to any member thereof the amount reasonably and actually expended by him by way of travelling-expenses in attending the meetings of the Board or in the performance of his duties as a member of the Board.

No member of the Board shall be personally responsible for any act or omission of the Board or of any member thereof, done or omitted in good faith in pursuance, or in intended pursuance, of any authority conferred by this Act.

It shall be the duty of the Chairman of the Board to give all information required of him by or on behalf of the Board on any matter requisite to enable the Board to carry into effect any of the provisions of this Act, and to produce all books, papers, and documents belonging to the Board which relate to any such matter, to any person authorized by the Board to apply for the same.

If the Chairman refuses or neglects to give any such information when called upon to do so, or to produce all or any such books, papers, or documents as aforesaid, he shall be personally liable to a fine not exceeding five pounds for every such refusal or neglect.

The term “Chairman” in this section includes the Acting-Chairman for the time being, and also any person having the control over the books, papers, and documents belonging to the Board.

The Secretary shall keep the minutes of the proceedings of the Board in a book, in which he shall enter, subject to the directions of the Board, the names of the members attending each meeting, and the names of the members voting on each question on which there is a division, and every resolution, order, or other proceeding of the Board, and any other matter directed by the Board to be entered upon the minutes.

The minutes of the proceedings of every meeting shall be read at the next ordinary meeting succeeding, and if approved by the Board, or when amended as directed by the Board, shall be signed by the Chairman of such succeeding meeting.

The minutes of proceedings of any meeting of the Board kept as above provided, or an extract therefrom certified as correct by the Chairman or Secretary, shall, unless the contrary is proved, be received as evidence of such proceedings and of the due convening and holding of the meeting, and the validity of all such proceedings shall be presumed unless the contrary is proved.

The minute-book of the Board shall be kept in the office of the Board, and shall be open for inspection without fee during all office hours by any member of the Board, or of the Council, or by any committeeman of the club.

The Board may, subject to the provisions of this Act, make rules or pass resolutions—

The Board may, by resolution, from time to time appoint fit persons to be Secretary, Treasurer, and Manager, and may in like manner from time to time appoint all such other officers, pilots, officials, clerks, and servants as it may deem necessary to assist in the execution of the powers, duties, and authorities of the Board, and may pay such persons such salaries and allowances out of the funds of the Board as it thinks fit.

No member of the Board shall be capable of holding any such office, unless without remuneration.

One person may hold two or more of such offices.

Any person appointed under this section may at any time, subject to the provisions of subsections five and six hereof, be removed from office by the Board.

Notwithstanding anything to the contrary in this Act or in any rule of law, the Board may enter into an agreement in writing with any person whom it proposes to appoint, or who has been appointed, an officer or servant of the Board setting out the terms and conditions attaching to such appointment and the remuneration payable to such person. Any such agreement may contain provisions to the effect that such person shall not be removed from office save as provided in the agreement or except for conduct justifying summary dismissal—

Any agreement to which paragraph (a) of the last preceding subsection relates may from time to time be renewed for any period, not exceeding three years at any one time, from the date of such renewal.

During the absence from duty of any officer of the Board by reason of illness, leave of absence, or other cause, the duties and powers of such officer may be performed and exercised by an acting officer appointed by the Board, and such appointment may be either general or for some occasion only.

Before any officer entrusted by the Board with the custody or control of moneys by virtue of his office enters on the duties of his office, the Board shall take such sufficient security from him for the faithful execution of his duties as it thinks fit.

The revenues of the Board shall consist of the following moneys, that is to say:—

Any local authority within the meaning of the Local Authorities Empowering (Aviation Encouragement) Act, 1929, may, subject to the provisions of section four of that Act, contribute to the funds of the Board as if it were a recognized aviation authority.

All moneys belonging to the Board shall within seven days after they have come into the hands of the proper officer of the Board be paid into such bank as the Board from time to time appoints.

All moneys raised by way of loan shall be paid into a separate account at the bank for each loan, which account shall be named according to the description of the loan.

All other moneys belonging to the Board shall be paid into an account at the bank to be called “the General Fund”.

Notwithstanding anything in the foregoing provisions of this section, the Board may, if it thinks fit, and shall if so directed by the Audit Office, pay into a separate account at the bank all moneys accruing from any business undertaken by the Board or moneys appropriated and held by it for any special purpose.

The Board may, if it thinks fit, keep such separate accounts in its books as it deems necessary, and all such separate accounts shall be audited.

No moneys shall be drawn out of the bank except by authority of the Board; and all moneys shall be paid by the Board in cash, or by cheque signed by the Treasurer of the Board and countersigned by any two of such of its members as the Board from time to time authorizes to countersign cheques.

All moneys paid or purporting to be paid by the Board by promissory note or bill shall be deemed to be moneys unlawfully expended or applied within the meaning of section one hundred and twenty-seven of the Public Revenues Act, 1926, and the provisions of that section shall apply with respect thereto accordingly.

The Board may compound, compromise, or submit to arbitration any claim, debt, sum of money, action, or demand made, owing, or brought either by or against the Board, and whether before or after any action or suit is brought for or in respect of the same.

All moneys received by the Board by way of revenue may be applied in exercising the powers granted to or vested in the Board by this Act, including the establishing, managing, administering, and improving of the aerodrome and generally in carrying into execution the purposes and objects of this Act in such manner as the Board, in its absolute discretion, may think fit.

If at the end of any financial year the Board shall have a surplus revenue after satisfying the requirements of the Board in the exercise of its powers as aforesaid, and after setting aside so much thereof in anticipation of the future requirements of the Board as the Council, by resolution communicated to the Board, directs, the balance of such surplus revenue shall be paid to the Council and belong to the Corporation.

Each balance of surplus revenue as aforesaid shall be paid by the Board to the Council during the year following that in which such surplus is shown.

It shall not be lawful for the Board to borrow money except from the Corporation, nor shall it be lawful for the Board at the end of any year to owe, except to the Corporation, any sum or sums in the aggregate greater than such part of the revenue of the Board for the year then ended as remains outstanding and unpaid and properly payable to the Board.

The Board may in every financial year, out of its revenues, expend for purposes not authorized by any Act or law for the time being in force any sum or sums not amounting in the whole to more than twenty-five pounds.

The Board shall keep full and correct accounts of all moneys received and expended by it and of its assets and liabilities and shall, within twenty-eight days after the end of every financial year, cause to be prepared a balance-sheet, together with a statement of income and expenditure, for that year.

A copy of such balance-sheet and statement shall, within two calendar months after the end of every financial year, be sent to the Council, to the club, and to the Controller of Civil Aviation.

All accounts of the Board shall be audited by the Audit Office, which for that purpose shall have and may exercise all such powers as it has under the Public Revenues Act, 1926, in respect of public moneys and the audit of local authorities’ accounts.

No claim of any creditor of the Board or of the club shall attach to or be paid out of the public revenues of New Zealand, or out of the revenues of the Corporation, or shall attach to or be paid by the Government or by the Council.

Subject to the provisions of this Act, the Board may provide, operate, and maintain an airport for the Borough of New Plymouth, and for or in connection with such purpose may do all or any of the following things:—

The powers specified in each paragraph of this section shall, except where otherwise expressed in such paragraph, be deemed to be independent powers and shall be in no way modified or restricted by reference to or inference from the powers indicated in any other paragraph in this section.

Any power conferred upon the Board by this Act to establish or carry on at the aerodrome any business or to buy or sell any plant, appliances, or commodities of any kind shall include the power to act as agent for any person, firm, or company in respect thereof respectively and the power to grant on such terms and conditions as the Board may deem desirable to any person, firm, or company the right to carry on any such business at the aerodrome.

Notwithstanding any of the provisions hereof, the Board shall not have power to establish, or to apply any of its funds to the establishment of, any aerodrome or airport (or to purchase or otherwise acquire lands for an aerodrome or airport) to be conducted in opposition to the aerodrome or airport established upon the lands described in the First Schedule hereto:

Provided that nothing herein shall preclude the Board from exercising its powers under paragraphs (c) and (u) of the last preceding section.

In exercising its powers and authorities under this Act the Board shall comply in all respects with the provisions of any by-laws of the Council applying to the aerodrome, and of the Air Navigation Act, 1931, and any regulations made thereunder, and of any other Act or regulation, and shall comply with all lawful requisitions made by the Controller of Civil Aviation, or by the Minister, or by any other authority having the control of military or civil aviation in New Zealand.

The powers and duties of the Board under this Act shall be exercised by it subject to the powers, privileges, and duties reserved to or conferred upon the Council and the club respectively by this Act.

Where in the opinion of the Board any electric line, telegraph-line, building, fence, or other erection or obstruction (all hereinafter included in the term obstruction), or any tree situate on any land adjacent to the aerodrome, interferes with, or is likely to interfere with, the operation of the aerodrome, or the landing or taking-off of aircraft thereon or therefrom by day or night, the Board may, with the consent in writing of the owner of any such obstruction, but without the consent of the owner in the case of a tree, remove such obstruction or tree and re-erect such obstruction in some other position where it will not so interfere, or the Board may pay to the owner the cost of so doing, together with such further sum (if any) as may be agreed upon for compensation.

Subject to the provisions of section forty hereof, nothing in this Act shall take away, restrict, or modify any power conferred upon the Board by the Local Authorities Empowering (Aviation Encouragement) Act, 1929, the Public Works Act, 1928, or any other Act.

Subject to the condition that nothing herein shall limit or restrict any powers or duties vested in the Controller of Civil Aviation, or in any officer of the Government charged with the administration of the regulations under the Air Navigation Act, 1931, the control and supervision of flying operations on or about the aerodrome, the use of the aerodrome by aircraft, and the administration and enforcing of the said regulations and of any by-laws of the Council relating to the aerodrome shall be vested in the Board.

The Board may, by special resolution, make rules providing for the control and supervision of flying operations on or about the aerodrome or the manoeuvring of aircraft on or over the aerodrome:

Provided that such rules shall not be inconsistent with any rights, licenses, or privileges of the club conferred by this Act, or with any by-law of the Council applying to the aerodrome, or with any regulations under the Air Navigation Act, 1931, or with any other Act or regulations.

Every person who commits a breach of any rule of the Board hereunder shall be liable to a fine not exceeding twenty pounds.

A copy of every rule made by the Board hereunder shall, within seven days after the making thereof, be sent by the Board to the Minister, who may, at any time within three months after the making of such rule, disallow the same or any part thereof, and upon such disallowance being gazetted such rule or part thereof shall be deemed to have been revoked.

A copy of every rule made by the Board hereunder shall, within seven days after the making thereof, be sent by the Board to the Council and to the club.

In the exercise of its powers and duties under this Act the Board shall not erect, construct, or make, or permit or suffer to be erected, constructed, or made, any building, erection, obstruction, or excavation in any part of the aerodrome, and shall not plant, or permit or suffer to be planted, any tree or shrub therein without first—

The Board may from time to time take out and maintain policies of assurance indemnifying it against any loss, damage, or claim that may be suffered by or made against the Board.

The Board may from time to time pay out of its general fund any premium payable in respect of any policy of assurance referred to in the last preceding subsection.

It shall be the duty of the Board to keep all buildings and other property of the Board insured against fire in their full insurable value in some reputable company carrying on business in New Plymouth.

It shall be the duty of the Board to take out and maintain in some reputable company carrying on business in New Plymouth a policy indemnifying the Board against all claims which might be made against it under the Workers’ Compensation Act, 1922, or at common law in respect of compensation or damages payable to any workman or servant of the Board, or his dependants, or which might be or become a charge upon the Board’s interest in the said lands.

In the event of the Board failing, neglecting, or refusing to take out and maintain policies as required by sections forty-seven and forty-eight hereof, the Council may as the agent of the Board take out any such policy or policies, or pay premiums, and may recover the cost incurred in so doing from the Board as a debt due to the Corporation.

The Board may from time to time set aside out of its revenue any moneys to form a fund or funds for the repair, renewal, replacement, or improvement of any depreciable property, buildings, plant, fixtures, or appliances of the Board, or for the purpose of purchasing additional property, buildings, plant, fixtures, or appliances of the class for which the fund or funds is or are so established.

The Board may from time to time apply the moneys so set aside only to the purposes aforesaid, or any of them, and may invest any moneys so set aside and pay the proceeds of such investment into the said fund or funds.

Any investment under this section shall be made in the manner following, that is to say:—

The Board may from time to time, with the consent of the Minister of Finance, transfer to its general account any moneys for the time being in any fund formed under this section.

For the purposes of the Rating Act, 1925, the Noxious Weeds Act, 1928, and the Health Act, 1920, the Board shall be deemed to be the owner and occupier of the aerodrome.

The Board shall be deemed to be a local authority for the purposes of the National Provident Fund Act, 1926.

With the prior written consent of the Council, the Board may, subject to the terms and conditions hereinafter mentioned, and upon such additional terms and conditions not inconsistent with the provisions hereof as it deems fit, let by way of lease any land, being part of the aerodrome, upon terms permitting the lessee to erect thereon buildings for the housing, repair, and construction of aircraft, or for accommodation houses, hotels, general stores, petrol-stations, or any other buildings, equipment, or appurtenances necessary or desirable in the opinion of the Board for the purposes of the aerodrome.

No such lease shall be for a term exceeding ten years:

Provided that, with the precedent consent of the Minister, a lease may be granted for any term not exceeding twenty-one years, and may contain such rights of renewal, for not more than twenty-one years at any one time, as the Minister approves.

No building shall be erected by the lessee except in accordance with plans and specifications approved by the Board and complying with the provisions of any by-laws of the Council applying thereto.

If at any time during the term of any such lease the land demised thereby or any part thereof is required by the Board for the purposes of the aerodrome, the Board may terminate such lease as to the whole of the demised land, or as to so much thereof as is required as aforesaid, without liability for the payment of compensation (unless the same be expressly authorized as hereinafter mentioned by the provisions of the lease) or liability to any action, or claim for damages in respect of such termination.

Any such lease may contain a provision that upon the termination thereof as to the whole of the demised land, or as to so much thereof as is required as aforesaid, the Board shall pay to the lessee compensation for the then value of the buildings then upon the demised land, or the part thereof resumed, as the case may be, such value to be determined at the time of such termination of lease, and if not mutually agreed upon such value shall be determined by two arbitrators and their umpire pursuant to the provisions of the Arbitration Act, 1908:

Provided that no such provision as aforesaid shall be contained in any such lease, or if contained therein shall have any effect, unless a further provision be inserted therein fixing the maximum value of any buildings to be erected by the lessee upon the demised land, and under no circumstances whatsoever shall the compensation payable to the lessee under such lease exceed the maximum value so fixed.

If at any time during the term of any such lease the Board is of opinion that any building, erection, tree, or thing on any part of the demised land restricts, or may restrict, or in any way interfere with the manœuvring of aircraft on or over the aerodrome, or in any way whatsoever interferes with the full and efficient use of the aerodrome, the Board may require the lessee to remove any such building, erection, tree, or thing without the payment of compensation or liability to any action or claim for damages in respect thereof, except as provided in the next succeeding subsection. In such event the Board shall give written notice to the lessee requiring him, within a period stated in such notice, to remove such building, erection, tree, or thing, and if the lessee fails, neglects, or refuses to comply with the provisions of any such notice within the period therein mentioned the Board may effect such removal, and the lessee shall upon demand by the Board pay to it the expenses incurred in and about such removal, or at its option the Board may terminate the lease and all the rights or privileges of the lessee thereunder.

If under the last preceding subsection the Board requires or effects the removal of any building or erection erected by the lessee under and in accordance with the provisions of the lease, the Board shall pay to the lessee reasonable compensation therefor to be determined by reference to the lessee’s interest therein as at the time of the removal, and if not mutually agreed upon such compensation shall be determined by two arbitrators and their umpire pursuant to the provisions of the Arbitration Act, 1908.

The provisions of the Land Act, 1924, the Public Works Act, 1928, or of any other Act relating to the subdivision of land for sale or lease or other disposition, or to the construction of roads, shall not apply to the subdivision of any land being part of the aerodrome for all or any of the purposes set out in subsection one of this section, or to the laying-out on the aerodrome of access roads to the land so subdivided.

The Board may, by special resolution,—

If at any time the Board is of the opinion that any outstanding services rendered by any person to the advancement of aviation in New Zealand, or to the advancement of the New Plymouth airport, are worthy of such recognition it may confer upon such person the honour of the freedom of the airport.

In conferring any such honour the Board shall observe the provisions set out in the Second Schedule hereto, and every such honour conferred by the Board shall be subject to the conditions, stipulations, and reservations set out in the said Schedule.

The powers conferred upon the Board by this section shall include the power to grant posthumous recognition of outstanding services as aforesaid.

In recognition of the distinguished services rendered by them respectively to the advancement of aviation in New Zealand and to the advancement of the New Plymouth airport, the freedom of the airport shall be deemed to have been conferred upon the late Air Commodore Sir Charles Kingsford-Smith and the late Flight-Lieutenant Charles T. P. Ulm, and the Board shall inscribe in the register required to be kept by it under the provisions hereof their names and particulars of the services rendered by them respectively.

No action or proceeding shall lie against the Board or any member or officer of the Board, or of any committee appointed by the Board, or other person acting under the authority or in the execution or intended execution or in pursuance of this Act, for any alleged irregularity or trespass, or nuisance, or negligence, or any act or omission whatsoever unless notice in writing specifying the cause of the action or proceeding, and the name and residence of the intending plaintiff or prosecutor, and of his solicitor or agent in the matter, is given by the intending plaintiff or prosecutor to the intended defendant one month at least before the commencement of the action or proceeding.

Every such action or proceeding shall be commenced within six months next after the act or thing complained of is done or omitted or, in case of a continuation of damage, within three months next after the doing of such damage has ceased, and not afterwards.

Every such action or proceeding shall be laid and tried in the place where the cause of action or a material part thereof arose, and not elsewhere.

In any such action or proceeding the defendant may plead generally that the act or thing complained of was done or omitted under the authority or in the execution or intended execution or in pursuance of this Act, and may give all special matter in evidence.

On the trial or hearing of any such action or proceeding the plaintiff or prosecutor shall not be permitted to go into evidence of any cause or ground thereof not stated in the notice given by him under this section.

The plaintiff in any such action shall not succeed if tender of sufficient amends is made by the defendant within one month after the giving of the notice of action, and in case no tender has been made the defendant may, in accordance with the practice of the Court in which the action is brought, or by leave of the Court, at any time pay into the Court such sum of money as he thinks fit, whereupon such proceeding and order shall be had and made in and by the Court as may be had and made on the payment of money into Court in an ordinary action.

In cases of injury to the person the person injured shall permit himself to be examined by any medical practitioner appointed by the Board, and in every case the property injured, and all accounts and vouchers in respect of the injury (whether to person or property), may be examined by any person appointed by the Board or the Chairman of the Board.

In cases of injury to the person (whether resulting in death or not) the Court may, before or at the trial, waive the non-compliance or insufficient compliance with subsections one and two hereof if satisfied that there was reasonable excuse, and on such terms as the Court thinks fit.

Where under the provisions hereof, or of any regulation under the Air Navigation Act, 1931, any by-law of the Council, or any rule of the Board respectively relating to the aerodrome, proceedings may be taken against any person for a breach thereof respectively, such proceedings may (without in any way restricting the powers vested in any other person in that behalf) be commenced upon information or complaint laid by the Controller of Civil Aviation, by any officer of the Board or of the Council, or by any person authorized by the Controller of Civil Aviation, the Board, or the Council.

Every order, notice, or other document requiring authentication by the Board may, unless otherwise provided, be signed by any two members of the Board or by the Secretary, and need not be under seal.

Any summons, writ, or other legal proceedings requiring to be served on the Board may be served by being left at the office of the Board or given personally to the Secretary thereof.

Every person who damages any of the buildings, works, plant, machines, machinery, appliances, or conveniences erected, or constructed, or used under the provisions of this Act shall be liable for the amount of such damage, to be recovered by the Board in any Court of competent jurisdiction; and if such damage be done wilfully, every person causing such damage shall be liable, in addition, to a fine not exceeding fifty pounds.

Every person who wilfully obstructs, molests, or makes use of any threatening language to any officer of the Government, Council, Board, or club, or any workman or other person who may be performing any duty or executing any work which he has lawful authority to do under or by virtue of the provisions of this Act, shall be liable to a fine not exceeding twenty pounds.

Every person who wilfully or negligently breaks, throws down, damages, or takes away any lamp, lighting apparatus, or other work set up for the purpose of lighting the aerodrome or approaches thereto, or wilfully extinguishes any light within such lamp, shall be liable for the amount of injury or damage done and also, in addition, to a fine not exceeding fifty pounds.

All fines recoverable under the provisions of this Act or any rules made by the Board thereunder may be recovered in a summary way before two or more Justices, and when recovered shall be paid into the Public Account to the credit of the Consolidated Fund and be subject to section thirteen of the Finance Act, 1927 (No. 2).

Where under the provisions of this Act the Board recovers from any person any sum in respect of damage to the property of any person, Corporation, or body other than the Board it may at any time after receiving such sum pay the same after deducting the costs incurred by the Board to the owner of such property.

All moneys payable or owing by any person to the Board, whether in respect of revenue or otherwise howsoever, may be recovered by the Board in any Court of competent jurisdiction.

All persons in the service of the Government acting in the execution of their duty shall at all times have free ingress, passage, and egress in, through, and out of the aerodrome and any buildings thereon.

The Governor-General may at any time dissolve the Board in the manner following:—

Upon the dissolution of the Board by the Governor-General—

For the purposes of the next six succeeding sections and the Third Schedule to this Act, the expression “functions of the club” means the training of aviators, the teaching of flying, and the development of public interest in aviation; and includes the provision of ground services and the provision and operation of aircraft; but does not include the establishment or maintenance of regular air or ground services in competition with the Board or with commercial aviation companies or with persons engaged in commercial aviation.

There are reserved to and conferred upon the club by this Act the rights, powers, and privileges set out in the Third Schedule hereto.

In no case shall any of the rights, powers, and privileges reserved to or conferred upon the club by this Act be, or be capable of being, assigned, sublet, or charged, nor shall the same pass to any other person by operation of law or be vested in any branch of the club:

Provided that the prohibition against assignment herein contained shall not apply—

Upon being incorporated as aforesaid under either of the paragraphs of subsection two of this section, such new club shall have and enjoy all the rights, powers, and privileges reserved to or conferred upon the club by this Act, subject, however, to the compliance by such new club with the provisions of this Act.

At the request of the club the Board may from time to time, on such conditions and for such period as it deems fit, and without charge, grant to guests of the club flying aircraft owned or operated by any aero club affiliated with the New Zealand Aero Club and being used for purposes other than commercial aviation, all or any of the privileges vested in financial members of the New Plymouth Aero Club by the provisions of this Act.

Subject to fourteen days’ prior notice in writing thereof being given by the Board to the club, the rights, powers, and privileges of the club under this Act may be suspended by the Board, so far as the Board deems necessary, on any day on which the Board is holding at the aerodrome any pageant, aerial display, or gathering of any kind whatsoever for admission to which a charge is made to the public.

If at any time default is made by the club in complying with any obligation imposed upon it by this Act, or by any rule, regulation, or by-law made thereunder, the Board may, by notice in writing in that behalf, require the club to comply with such obligation within a time to be specified in such notice:

Provided that if the obligation as aforesaid is such that, in the opinion of the Board, non-compliance therewith by the club restricts, or is likely to restrict, flying operations or the free manoeuvring of aircraft on or over the aerodrome, or endangers, or is likely to endanger, the safety of any person or persons on or near the aerodrome, the time for compliance to be specified in such notice shall be any period the Board deems fit, but in all other cases the time for compliance by the club to be specified in such notice shall not be less than one month.

If the requisition contained in any such notice given by the Board to the club hereunder is not obeyed to the satisfaction of the Board within the time specified in such notice, the club shall be liable to pay to the Board on demand such sum as shall be determined by the Board, not exceeding the sum of one hundred pounds. Any such sum so determined by the Board and not paid on demand shall constitute a debt due and payable by the club to the Board, and shall be recoverable in any Court of competent jurisdiction.

If in the opinion of the Board compliance by the club with any such obligation is a matter of urgency and the obligation is such that it is possible for the Board to comply therewith, the Board, or any responsible officer of the Board present on the aerodrome, may, without releasing the club from its liability under the provisions of subsection two hereof, and either before or after the Board shall have given notice to the club as aforesaid, comply with such obligation or cause such measures to be taken as may be necessary in its or his judgment to secure the safety of the public or of any aircraft on or over the aerodrome. In any such case the Board may recover from the club any cost or expense incurred by it in so doing.

Nothing in this section shall relieve the club from liability to any penalty under the provisions of the Air Navigation Act, 1931, or of any other Act or regulations or of any by-law of the Council.

If the club considers that any action or proceeding of the Board under the provisions of this section is unreasonable, or taken without sufficient reason, or in error, or that the effect of the Board’s action or proceeding is to cause the club to be penalized twice for the same default, the club may, at any time within two months from the service upon it by the Board of the notice hereinbefore mentioned, appeal against the Board’s action or proceeding by requiring the same to be referred to arbitration under the provisions of section eighty-one hereof:

Provided that the pendency of such reference to arbitration shall not in any manner, except with the consent in writing of the Board, take away the obligation of the club to obey the requisition contained in such notice, but if the appeal of the club be allowed by the arbitrators the moneys paid to it by the club shall be refunded by the Board to the club.

If the club is wound up or dissolved voluntarily or involuntarily under any of the provisions of the Incorporated Societies Act, 1908, or otherwise howsoever, or if the club ceases to discharge the functions of the club, the rights, powers, and privileges conferred on the club by this Act shall, subject to the provisions of section sixty-eight of this Act, cease and determine, and the club, its successors, or assigns shall not be entitled to or have any claim for compensation for the loss of any such rights, powers, and privileges or in any way arising thereout.

At any time after giving at least three months’ notice in writing to the club and to the Board of its intention so to do, the Council may, subject to the provisions of subsection two hereof, by resolution, determine and cancel all the rights, powers, and privileges conferred upon the club by this Act.

No resolution passed by the Council under subsection one hereof shall have any effect unless and until the same be approved by the Board by special resolution.

Upon all the rights, powers, and privileges conferred upon the club by this Act being determined and cancelled by the Council under the provisions of this section, the Council shall, subject to the proviso hereinafter mentioned, pay to the club compensation as hereinafter mentioned. Such compensation shall comprise the sum of seven thousand five hundred pounds, together with a further sum representing the value as at the date of the passing by the Council of any such resolution of any buildings erected or acquired by the club with the consent in writing of the Board and being then upon the aerodrome. In the event of any dispute arising between the Council and the club as to the value of any such buildings the same shall be determined in the manner provided by section eighty-one of this Act:

Provided that under no circumstances shall the aggregate sum for compensation payable by the Council to the club under this subsection exceed the sum of twelve thousand five hundred pounds.

The club shall accept the payment of the compensation provided by subsection three hereof in full satisfaction of all claims and demands whatsoever of the club in respect of such determination and cancellation of the rights, powers, and privileges of the club under this Act or in any way arising thereout, or being in any way whatsoever connected therewith, or with the aerodrome.

All such compensation shall be expended by the club only in providing, establishing, developing, improving, or extending an aerodrome, or in providing or constructing landing and taking-off places for aircraft, approaches, buildings, and other accommodation, and apparatus and equipment of every description for such aerodrome, or in purchasing, taking on lease, acquiring, or otherwise providing land for any such purpose.

The Council may pay out of its general funds, or out of any other moneys available to it for the purpose, the compensation payable to the club under the provisions of this section.

The Council may from time to time, under and subject to the provisions of the Local Bodies’ Loans Act, 1926, and the Local Government Loans Board Act, 1926, raise a special loan or special loans for all or any of the following purposes, namely:—

For the purposes of the last preceding subsection the establishment, development, improvement, or extension of the aerodrome or any auxiliary or temporary aerodrome includes the cost of any land acquired or otherwise provided, or to be acquired or otherwise provided, for the purposes thereof respectively, and also includes any expenditure incidental to such acquisition, and the construction and provision of works and other things as hereinbefore mentioned includes the reconstruction or replacement of the same respectively in whole or in part.

The Council may pay any moneys out of its general fund for any such purpose or purposes and may reimburse the General Fund out of the proceeds of any such special loan or loans when raised.

Upon any such special loan being raised the Council may either itself expend the proceeds thereof for the purposes for which such special loan was raised or it may, with or without any condition requiring the repayment thereof as hereinafter mentioned, pay the proceeds thereof or any part of such proceeds to the Board without being liable to see to the proper expenditure thereof.

Upon any such special loan being raised and the proceeds or any part thereof being paid to the Board as aforesaid the Board shall apply the moneys so paid to it for the purpose for which such special loan was raised, and for no other purpose.

Before the proceeds of any such special loan or any part thereof as aforesaid are paid by the Council to the Board the Council and the Board may, by any instrument in writing executed on behalf of both parties, agree that the whole or any part of any such moneys as aforesaid shall be repaid to the Council at such times, in such instalments, and upon such terms and conditions as shall be set out in such instrument. If no such instrument in writing is executed as aforesaid the Board shall not be liable to repay such moneys to the Council.

Without limiting the power to borrow set forth in subsection one of this section, the Council may, by special order or orders, raise any special loan or special loans for all or any of the purposes set forth in the said subsection, not exceeding in the aggregate the sum of twelve thousand five hundred pounds, under the provisions of the Local Bodies’ Loans Act, 1926, without taking the steps prescribed in sections nine to thirteen of that Act.

Notwithstanding anything to the contrary in the Local Authorities Empowering (Aviation Encouragement) Act, 1929, or in any other Act, the Council may from time to time, out of its General Fund, provide such sums as it thinks fit for the development, improvement, maintenance, and upkeep of the aerodrome or for any work, purpose, plant, material, or thing the Board has power to undertake, purchase, or expend money upon, or for the payment of any liability incurred by the Board under the provisions of this Act, and the Council may either expend such sums itself or pay such sums to the Board without being liable to see to the proper expenditure thereof.

Before paying to the Board any such sum or sums, the Council may at its discretion attach such special conditions or directions as to the expenditure and application thereof as the Council may by the resolution making such grant or grants or by any other resolution determine, and the Board shall comply with such special conditions or directions accordingly.

The Council is hereby empowered from time to time to take, purchase, take on lease, or otherwise acquire, set aside, or provide land for the extension of the aerodrome, or for an auxiliary or temporary aerodrome for the Borough of New Plymouth, and to establish thereon an aerodrome and develop, improve, and extend the same.

Upon any such land being vested in, acquired, or set aside by the Council, for any of the purposes aforesaid, the same shall immediately become subject to the provisions of this Act, and the Council and the Board may in respect thereof exercise all the powers and authorities conferred upon them respectively by this Act.

Nothing in this Act shall take away, restrict, or modify any power conferred upon the Council as a local authority to take or acquire land for aerodrome purposes under the provisions of the Public Works Act, 1928, or the Local Authorities Empowering (Aviation Encouragement) Act, 1929, or under the provisions of any other Act.

The Council may exercise all the powers set out in section six of the Local Authorities Empowering (Aviation Encouragement) Act, 1929, as fully and effectually as if it had established the aerodrome and retained the control of the same, and of any business ancillary thereto, and of everything thereon:

Provided that such by-laws shall not be inconsistent with any rights, powers, and privileges conferred upon or reserved to the club or the Board by this Act.

The Council, in addition to its powers to make by-laws under the provisions of section six of the said Act, may, in respect of the aerodrome and any building or buildings, erection or erections, or enclosures thereon, whether privately owned or not, from time to time make such by-laws, not inconsistent with any rights, powers, and privileges conferred upon or reserved to the club or the Board by this Act, as it thinks fit for all or any of the purposes specified in the Fourth Schedule hereto.

A copy of every by-law made by the Council under the last preceding section shall, within seven days after the making thereof, be sent by the Council to the Minister, who may, at any time within three months after the making thereof, disallow the same or any part thereof, and upon such disallowance being gazetted such by-law or part thereof shall be deemed to have been revoked.

A copy of every such by-law shall, within seven days after the making thereof, be sent by the Council to the Board and to the club.

Notwithstanding that the lands upon which the aerodrome is established or is to be established are or will be the property of the Corporation, or are held under lease by the Corporation, and the club is granted certain rights thereover, the Corporation shall not be deemed to be or be liable for any act or omission of the Board or of the club, nor shall any liability of the Board or of the club in any way whatsoever attach to the Corporation’s interest in the said lands.

All questions or differences whatsoever which may at any time hereafter arise between the Council, the club, and the Board, or any two or more of them, touching the provisions of this Act, or the subject-matter thereof, or arising out of or in relation thereto respectively, and whether as to construction or otherwise shall be referred to a single arbitrator in case the parties can agree upon one, otherwise to arbitrators, one to be appointed by each party to the difference, and in any case in accordance with and subject to the provisions of the Arbitration Act, 1908.

The New Plymouth Airport Act, 1933, is hereby repealed and with respect to that enactment the following provisions shall apply, but without limiting or affecting any specific saving provision herein contained:—

Savings.