An Act to discharge the trustees from their administration of certain moneys held in trust for the charitable purpose of providing relief or assistance to persons suffering loss or damage from floods occurring in Otago and Southland in October 1978, and to appoint trustees to administer the unexpended balance of the fund for the relief of those persons and in particular for those who have suffered subsequent loss or damage by recurring flooding, and to provide reimbursement for the loss of services by the Gore Borough Council of its town clerk

Whereas extensive flooding occurred in Otago and Southland in October 1978: And whereas the Government appointed a committee to administer funds provided for the relief of persons suffering loss or damage as a result of that flooding, which committee comprised the mayor of Gore as its chairman, the mayors of Balclutha, Alexandra, and Mataura, the chairmen of the Southland County, Clutha County, and Tuapeka County, and the county clerk of the Bruce County as members, and the town clerk of the Borough of Gore as secretary of the committee: And whereas subscriptions to that fund were made by organisations and individuals throughout New Zealand, a portion of which fund was subsidised by the Government: And whereas payments have been made from the fund since that time for the relief of persons suffering loss or damage in or as a result of that flooding: And whereas the accounts for the fund have been audited and the approval of the Controller and Auditor-General to the handling of the fund and the making of payments to date has been given: And whereas there is an unexpended balance remaining in the fund: And whereas the township known as Kelso and its surrounding district suffered severe flood damage in October 1978 and subsequently: And whereas those persons whose property has been subjected to recurring floods have suffered additional distress and it is inexpedient that the trustees should seek to isolate distress meriting payment from the fund only to that relating to the October 1978 floods: And whereas there are few remaining claims from the 1978 floods to be met and the trustees have sought to disburse the balance of the funds between those claims and the relief of persons who have suffered recurrence of flooding subsequent to October 1978: And whereas it is desired for this purpose to release the trustees from administration of the remainder of the fund and to vest its administration in the persons hereinafter named, and to make provision for the reimbursement for the Gore Borough Council of the time and expenses of its town clerk directly attributable to his work in the administration of the unexpended balance of the fund.

1 Short Title

This Act may be cited as the Otago Southland Flood Relief Committee Empowering Act 1980.

2 Interpretation

In this Act, unless the context otherwise requires,—

committee means the committee comprising the persons who held office in October 1978 as the mayors of the Boroughs of Gore, Balclutha, Alexandra, and Mataura, respectively, the chairmen of the Counties of Southland, Clutha, and Tuapeka, respectively, the county clerk of the County of Bruce, and the town clerk of the Borough of Gore

fund means the accumulated fund from subscriptions, donations, subsidy, interest, or otherwise however received and held for the relief of persons suffering damage from flooding occurring in October 1978 in the Otago and Southland Region.

3 Validation of preceding administration

The receipt of interest from investment from time to time of parts of the fund, and the expenditure and payments made out of the said fund at any time before the passing of this Act, are hereby validated and declared to have been validly and lawfully made.

4 Discharge of present trustees

The trustees heretofore appointed to administer the fund on payment or making over of the unexpended balance of the fund to the persons named in section 5 are hereby discharged from their administration of the fund and from all liabilities in respect thereof.

5 Application of unexpended balance

The unexpended balance remaining in the fund, together with interest thereon (if any), shall be and is hereby vested in Ivan George Elder of Gore, chartered accountant, Allan Bruce Browning of Tapanui, manufacturer, and Ralph Gilbert Winwood of Gore, town clerk to be administered by them in their discretion to meet therefrom unpaid claims on the fund made by persons suffering loss or damage from the October 1978 floods or from persons suffering loss or damage from recurrences of flooding in any area or areas which were adversely affected by the October 1978 floods as if the same were funds held in a charitable trust therefor pursuant to the Charitable Trusts Act 1957.

6 Reimbursement of Borough of Gore for services of town clerk

For so long as the town clerk of the Borough of Gore is a trustee of such moneys and continues to hold the office of town clerk of the Borough of Gore, the Borough of Gore shall be entitled to be reimbursed from the fund for his time and expenses attributable to his work in the administration of the unexpended balance of the fund.

7 Costs

The costs of promoting this Act and of investigating all matters preparatory and incidental thereto, including all disbursements and legal expenses, and incurred by the committee shall be paid and discharged by the trustees appointed under section 5 from the unexpended balance of the fund.

8 Private Act

This Act is hereby declared to be a private Act.

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 Otago Southland Flood Relief Committee Empowering Act 1980. The reprint incorporates all the amendments to the Act as at 18 November 1980, 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).

Otago Southland Flood Relief Committee Empowering Act 1980