Tauranga County Empowering (Community Centres) Act 1965
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Reprint
as at 7 August 1965
Tauranga County Empowering (Community Centres) Act 1965
| Local Act | 1965 No 1 |
| Date of assent | 6 August 1965 |
| Commencement | 6 August 1965 |
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.
Contents
3 Council may provide community centres
6 General powers of Council in relation to community centres
8 Annual fee payable by occupier
9 Annual charge on certain rateable property
11 Community centre district deemed to be a defined part of the county
An Act to empower the Tauranga County Council to establish and maintain community centres within the County of Tauranga, to raise and expend loans for such purpose, and to strike a rate or a levy to cover the costs incidental to such establishment and maintenance
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Preamble
Whereas, on account of the steady growth of the urban and rural population in the County of Tauranga, it is, or will be, necessary to provide adequate social, cultural, recreational, and educational facilities for the residents of the county:
And whereas it is expedient that the Tauranga County Council should be empowered to take steps towards the provision and maintenance of such facilities as the Council may think necessary to that end:
And whereas, under existing legislation, it is not possible for the Council to provide and maintain such facilities without disproportionate financial obligation being imposed on certain ratepayers.
1 Short Title
This Act may be cited as the Tauranga County Empowering (Community Centres) Act 1965.
2 Interpretation
In this Act, unless the context otherwise requires,—
community centre means any facility or group of facilities for social, recreational, cultural, or educational purposes, or for the physical or intellectual well-being and enjoyment of the residents of the County of Tauranga or of any group or section of them
Council means the Tauranga County Council; and includes the body corporate known as the chairman, councillors, and inhabitants of the County of Tauranga
district means a part of the County of Tauranga declared by the Council pursuant to this Act to be a community centre district for the purposes of this Act
dwelling unit means any building or part of a building which is designed, built, rented, leased, let, or hired to be occupied, or which is occupied as a residence for a single family with or without a common right to the use of entrances, passages, stairways, or open spaces; and, where necessary, includes a combination of parts of a building or of 2 or more buildings or the parts thereof
voluntary organisation includes a voluntary organisation within the meaning of the Physical Welfare and Recreation Act 1937; and also means any body of persons, whether incorporated or not, whose objects or one of whose principal objects is to promote, encourage, or control interest and participation in any branch of social, cultural, recreational, or educational activities.
3 Council may provide community centres
In addition to the powers conferred upon the Council by the Counties Act 1956 and by the Physical Welfare and Recreation Act 1937, the Council may make such provision for community centres within the County of Tauranga as the Council may from time to time determine, and for that purpose may—
(a) purchase, take on lease, or otherwise acquire any land of any estate; and
(b) erect, purchase, hire, lease, or otherwise acquire or obtain the use of buildings; and
(c) provide, install, and maintain equipment, apparatus, and facilities; and
(d) maintain, operate, improve, enlarge, or develop any community centre or any such building, land, equipment, apparatus, or facilities.
4 Community centre districts
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(1) The Council may, by special order made pursuant to section 87 of the Counties Act 1956, declare any part of the County of Tauranga to be a district for the purposes of this Act.
(2) Such special order shall state with reasonable particularity the boundaries of a district by reference to streets, or by such other method as the Council may deem adequate, and shall refer to a plan of the district, which shall be exhibited in the offices of the Council for the period between the special meeting called to pass the special order and the meeting called to confirm the same. A copy of the plan shall also be exhibited for the same period in an office or other suitable place situated in the proposed district and open to the public for a reasonable time on each day on which the offices of the Council are open to the public.
(3) The Council may at any time and from time to time, by special order, abolish any districts so created, or extend, reduce, alter, amend, or modify the boundaries of any district, or amalgamate 2 or more districts, and the provisions of subsections (1) and (2) shall apply with the necessary modifications.
5 Committees
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(1) The Council may in its discretion appoint either a committee to control and manage 2 or more community centres or a separate committee for any community centre.
(2) A committee appointed to control 1 community centre shall consist of the chairman, 1 or more councillors, and a number of residents of the district in respect of which such community centre is established, such number being equal to or greater than the aforesaid number of councillors.
(3) A committee to control 2 or more community centres shall consist of the chairman, a representative of the district in respect of which each such community centre is established, and a number of councillors equal to the number of such district representatives.
(4) Before making any appointment to a committee from the residents of a district or districts, the Council shall consider such nominations as may be forwarded to it by voluntary organisations within the district or respective districts affected.
(5) In addition to the powers vested in any such committee or committees by resolution of the Council, each committee shall have power, subject to confirmation by the Council, to form a district committee for the purpose of assisting the committee in an advisory capacity in the conduct and administration of any community centre. Such district committee shall have no power to bind the committee or the Council in respect of the control and administration of the community centre, but shall be subject in all things to the jurisdiction and direction of the committee.
(6) The chairman, instead of acting personally, may nominate any councillor to be his deputy on a committee either for a specified term or particular occasion.
(7) The provisions of sections 71 to 75 of the Counties Act 1956 shall, with the necessary modifications, apply to any committee appointed under this section.
6 General powers of Council in relation to community centres
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(1) The powers conferred upon the Council by sections 12 and 13 of the Physical Welfare and Recreation Act 1937 shall extend to and include, and be deemed to extend to and include, the expenditure of money upon and the raising of loans for the construction, maintenance, repair, development, control, and administration of a community centre and the provision of facilities and equipment for the same.
(2) Section 319 of the Counties Act 1956 shall, with the necessary modifications, apply to a community centre established under this Act.
(3) The provision of a community centre, including the acquisition of land of any estate for such purpose, shall be deemed a public work within the meaning of the Public Works Act 1928.
7 Finance
The Council may from time to time, out of its ordinary funds, make such contributions for the provision, conduct, or maintenance of community centres as it may think fit.
8 Annual fee payable by occupier
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(1) For the purpose of providing the estimated amount of any loan charges and of any construction, maintenance, equipment, and administration costs of any community centre established under this Act, the Council may, subject to the provisions of this section, by special order levy a uniform annual fee to be paid by the occupier, as defined by the Counties Act 1956, of each dwelling unit situated within the district, but in no case shall the amount of the fee exceed in any year the sum of 2 pounds 12 shillings in respect of any dwelling unit.
(2) The amount of such annual fee as aforesaid shall be recoverable as a debt due to the Council by the occupier.
(3) In the case of any dwelling unit owned by Her Majesty the Queen for the purposes of the Housing Act 1955, or for any other purpose, the State Advances Corporation of New Zealand or other department of State administering the dwelling unit may, with the approval of the Minister of Finance and without further authority than this section, out of money received by the said Corporation under subsection (1) of section 32 of the Housing Act 1955, or, as the case may require, out of the appropriate account, pay to the Council the amount of the annual fee in respect of that dwelling unit.
(4) In any such case as aforesaid the said Corporation or department may, notwithstanding anything contained in the Tenancy Act 1955, from time to time, on giving not less than 14 days' notice in writing to the tenant, increase the rent payable in respect of the dwelling unit by an amount equal to the annual fee so payable, and on the expiry of the period of the notice the contract or agreement for the tenancy of the premises shall be deemed to be varied accordingly.
(5) Notwithstanding anything contained in this section, the Council shall not levy an annual fee unless, at a poll of the electors of the district on the proposal to levy the fee, the total number of valid votes recorded in favour of the proposal exceeds the total number of valid votes recorded against the proposal. Every such poll shall be held and taken by the Council in the manner provided by the Local Elections and Polls Act 1953, and the provisions of that Act shall, as far as they are applicable, apply with respect to every such poll.
9 Annual charge on certain rateable property
Notwithstanding anything in section 8, in any case where a uniform annual fee may be levied pursuant to that section to be paid by the occupier, as defined by the Counties Act 1956, of any dwelling unit erected on land which is rateable property, the Council may, instead of levying that uniform annual fee, levy upon any such rateable property an annual charge which shall consist of a uniform annual charge in respect of each dwelling unit situated on that rateable property, and which shall for all purposes be deemed to be a separate rate:
provided that nothing in this section shall permit in any year of the uniform annual charge assessed in respect of each dwelling unit situated on any rateable property exceeding the uniform annual fee which is or may be levied in that year on any dwelling unit pursuant to the said section 8.
10 Bylaws
In addition to the powers conferred upon the Council by section 401 of the Counties Act 1956, the Council may make such bylaws as it thinks fit for all or any of the following purposes in respect of a community centre:
(a) regulating any of the subject-matters of this Act:
(b) protecting from damage, injury, or misappropriation any property, whether real or personal, belonging to the Council or any voluntary organisation participating in the conduct of a community centre:
(c) regulating the use of community centres and the charges to be made in respect thereof:
(d) the more effectual carrying out of the objects of this Act.
11 Community centre district deemed to be a defined part of the county
A district shall, for the purposes of the Local Authorities Loans Act 1956, be deemed to be a defined part of the County of Tauranga.
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
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This is a reprint of the Tauranga County Empowering (Community Centres) Act 1965. The reprint incorporates all the amendments to the Act as at 7 August 1965, 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
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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
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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)
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•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
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•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)
Versions
Tauranga County Empowering (Community Centres) Act 1965
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