Council may acquire land for subdivision.

Council may sell or lease building allotments to workers.

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Auckland City Empowering Act 1948

Local Act		1948 No 5
Date of assent		6 September 1948

An Act to enable the Auckland City Council to acquire, subdivide, and develop Lands suitable for Housing; to provide Amenities for the Same; and to sell or lease Building Allotments to Workers for the Purpose of Housing Construction.

Preamble.

WHEREAS there are in the City of Auckland areas of land which it is desirable should be made available for subdivision into building allotments in view of the prevailing acute shortage of dwellinghouses, but which for divers reasons are unlikely to be made available otherwise than in pursuance of the exercise of the powers by this Act conferred upon the Auckland City Council: And whereas it is desirable for the development of the City of Auckland and for the benefit of the citizens thereof that the said Council should have power to acquire for subdivision such land as in the opinion of the said Council may be conveniently acquired and developed, and afterwards to sell or lease the same for the purpose of housing construction:

Be it therefore enacted by the General Assembly of New Zealand in Parliament assembled, and by the authority of the same, as follows:—

1 Short Title.

This Act may be cited as the Auckland City Empowering Act, 1948.

2 Interpretation.

In this Act, unless the context otherwise requires,—

“City” means the City of Auckland:

“Council” means the Auckland City Council:

“Principal Act” means the Municipal Corporations Act, 1933:

“Worker” includes every person, male or female, who is employed in work of any kind or who is resident or desires to become resident in the City of Auckland.

3 Council may acquire land for subdivision.

(1)

Notwithstanding anything in the principal Act or in any other Act, the Council may from time to time purchase, or take under the Public Works Act, 1928, any area or areas of land within the city which in the opinion of the Council may be conveniently acquired for the purpose of subdivision into building allotments and development.

(2)

The acquisition of land for the purpose of this Act shall be deemed a public work within the meaning of the Public Works Act, 1928.

4 Council may subdivide and road lands.

In respect of any such land acquired as aforesaid the Council may subdivide or resubdivide the same into suitable building allotments and construct roads and streets thereon, and may, for the purpose of developing the land as building allotments, exercise all the powers conferred upon local authorities by virtue of the principal Act or any other enactment conferring powers upon local authorities.

5 Council may sell or lease building allotments to workers.

The Council is hereby authorized to sell or lease the said building allotments, upon such terms as the Council shall in its absolute discretion think proper, to workers desirous of building thereon for the personal occupation of themselves and their families. The Council may in its discretion refuse to sell or lease to any person without giving reasons for its refusal.

6 Price of allotments.

The prices to be charged by the Council to workers for the building allotments sold as aforesaid shall be calculated so as to return to the Council the actual cost of the land to the Council and the development thereof (including survey fees), plus a further sum of five pounds per centum to cover administrative charges:

Provided that it shall not be competent for any person to question the price put upon any building allotment by the Council:

Provided also that nothing in this section shall derogate from the provisions of the Servicemen’s. Settlement and Land Sales Act, 1943.

7 Council may sell or lease surplus land.

The Council may sell or lease any land which in the opinion of the Council is surplus to any scheme of subdivision or unsuitable for the purposes of this Act to such persons and upon such terms as the Council may think fit.

8 Borrowing-powers.

The Council may, by special order and without taking the steps prescribed by sections nine to thirteen of the Local Bodies’ Loans Act, 1926, raise a special loan for any of the purposes hereinbefore mentioned:

Provided, however, that the Council shall not be empowered to borrow a greater sum than fifty thousand pounds pursuant to the authority hereby granted.

9 Application of purchase-moneys.

(1)

Any moneys received from the sale of land acquired under this Act may be applied by the Council in and towards the purchase and development of other lands for the purposes authorized by this Act.

(2)

The provisions of this section are in addition to and not in derogation of the provisions of section twenty of the Finance Act, 1934.

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Auckland City Empowering Act 1948