This Act may be cited as the Local Legislation Act 1976.

The Mayor, Councillors, and Citizens of the City of Dunedin (in this section referred to as the Corporation) is hereby authorised and empowered to make to Kono Construction Limited (in this section referred to as the said company) an ex gratia payment of $2,557.80 (being the amount deducted by the Corporation, by way of penalty for late completion, from the amount agreed to be paid by it to the said company for the completion of certain works at 62 Helensburgh Road, Dunedin pursuant to an agreement dated 5 April 1972 made between the Corporation and the said company).

The Mayor, Councillors, and Citizens of the City of Dunedin (in this section referred to as the Corporation) is hereby authorised to make to McConnell Dowell Constructors Limited (in this section referred to as the Company) an ex gratia payment of $31,224.57 in respect of the increase, during the laying of a pipeline from Deep Stream to the City of Dunedin pursuant to a contract between the Corporation and the Company dated 18 December 1972, of the cost of the lubricants and fuel used by the Company in laying that pipeline.

(1) In this section—

(2) The Corporation is hereby authorised and empowered, upon and subject to such terms and conditions as it thinks fit,—

• (a) by agreement with the lessee for the time being thereunder to vary, in respect of the said land, any covenant, condition, or restriction contained or implied in, or imposed by the said lease; and

• (b) upon the expiration or surrender of the said lease in respect of the said land, deal with the said land in every way—

as if the expression commercial or industrial purpose defined in section 365A(1) of the Municipal Corporations Act 1954 included religious, social, or welfare purposes.

The Mayor, Councillors, and Citizens of the City of Manukau (in this section referred to as the Corporation) is hereby authorised and empowered to pay to W. Stevenson & Sons Limited (in this section referred to as the Company) the sum of $772.74, being the extra expenditure incurred by the Company as a result of the increase in the price of bitumen during the completion by the Company of the construction of Davies Avenue under Contract 73/19, pursuant to an agreement between the Corporation and the Company dated 18 February 1974.

(1) Notwithstanding section 7(3) of the South Auckland Local Authorities Empowering Act 1966, the actions of the Mayor, Councillors, and Citizens of the City of Manukau in paying, out of the net proceeds of the sale of the bus depot established under that Act, $30,093 to the Papatoetoe City Council, $36,606 to the Mount Wellington Borough Council, $16,342 to the Otahuhu Borough Council, and $40,513 to itself, are hereby validated and declared to have been lawful.

(2) The South Auckland Local Authorities Empowering Act 1966 is hereby repealed.

Notwithstanding that the general rate on the unimproved value of rateable property of 7 cents per dollar resolved to be made and levied in respect of the year that ended with 31 March 1975 by the Murupara Borough Council (in this section referred to as the Council) at a duly notified ordinary meeting held on 28 June 1974 (in this section referred to as the said rate) was invalid by virtue of its exceeding the limit imposed by section 90 of the Municipal Corporations Act 1954,—

• (a) the said rate is hereby validated and declared to have been lawfully made:

• (b) all actions of the Council in levying and collecting the said rate are hereby validated and declared to have been lawful:

• (c) all money received by the Council in payment of the said rate is hereby declared to have been lawfully paid to and received by it:

• (d) such part of the said rate as has not yet been paid to the Council is hereby declared to be lawfully payable, and capable of being collected as if it had always been lawfully payable.

The actions of the Ngaruawahia Borough Council in paying the sum of $3,815 out of the proceeds of the loan known as the Water Supply Improvement Loan No 2 1974 into its General and Separate Rates and General Appropriations Account, in repayment of amounts spent in anticipation of the raising of that loan for purposes for which that loan was to be raised, are hereby validated and declared to have been lawful.

(1) The actions of the Papakura City Council in raising the loans described in subsection (2) (in this section referred to as the said loans) without first having made a special order as required by section 34 of the Local Authorities Loans Act 1956, and also without having first obtained the consent of the Minister of Finance as required by section 3 of that Act, are hereby validated and declared to have been lawful.

(2) The said loans comprise:

• (a) the loan of $35,000 known as the Pensioner Flats (Marne Road) Loan 1974;

• (b) the loan of $50,000 known as the Sewer Drainage Reticulation Loan 1975; and

• (c) the loan of $60,000 known as the Water Supply Improvement Loan 1974.

Notwithstanding that the general rate on the unimproved value of rateable property of 4.9196 cents per dollar resolved to be made and levied in respect of the year that ended with 31 March 1975 by the Te Aroha Borough Council (in this section referred to as the Council) at a duly notified ordinary meeting held on 16 July 1974 (in this section referred to as the said rate) was invalid by virtue of its exceeding the limit imposed by section 90 of the Municipal Corporations Act 1954,—

• (a) the said rate is hereby validated and declared to have been lawfully made:

• (b) all actions of the Council in levying and collecting the said rate are hereby validated and declared to have been lawful:

• (c) all money received by the Council in payment of the said rate is hereby declared to have been lawfully paid to and received by it:

• (d) such part of the said rate as has not yet been paid to the Council is hereby declared to be lawfully payable, and capable of being collected as if it had always been lawfully payable.

The actions of the Te Kuiti Borough Council in—

• (a) entering into an agreement dated 9 December 1974 whereby the said Council, in consideration of the completion by Donald Foster of Te Kuiti, contractor, within the time already specified therefor, of certain works agreed to be done by him, agreed to pay him the sum of $5,228.17 in excess of the amount already agreed to be paid to him for the doing of those works; and

• (b) paying the amount of $5,228.17 to the said Donald Foster on 13 June 1975—

are hereby validated and declared to have been lawful.

(1) The land described in subsection (4) (in this section referred to as the said land) is hereby freed from all trusts, reservations, and restrictions, to which it was subject immediately before the commencement of this section:

provided that this subsection shall not affect any lease to which the said land was then subject, or any renewal of any such lease.

(2) The Mayor, Councillors, and Citizens of the Borough of Waihi shall not sell any part of the said land except to the lessee for the time being thereof from it.

(3) The District Land Registrar of the Land Registration District of South Auckland shall do all such things and make all such entries in his registers as may be necessary to give full effect to this section.

(4) The said land comprises all that area in the South Auckland Land District, Ohinemuri County containing 12.5395 hectares, more or less, being Lot 1, Block I, DP 17197 being Part Waihi No 2 and 3 Blocks, Lots 2–9, Block I, Lots 1–7 and 10–13, Block II, Lots 1–8, 14–19 and 25–28, Block III, Lots 1–15, Block IV, Lots 1–3, Block V, DP 17197 being Part Waihi No 3 Block, Lots 4 and 5, Block V, DP 17197 being Part Waihi No 3 and 5 Blocks, Lots 16–32, Block IV, Lots 6–16, Block V, Lots 1–19, Block VI, Lots 1–15 and 18–29, Block VII, Lots 1–9, Block VIII, Lots 1–32, Block IX, Lots 1–16, Block X, Lots 1–13, Block XI, Lots 1–4, Block XII, Lots 1–19, Block XIII, DP 17197 being Part Waihi No 5 Block, Lots 1–32, 34–59 and Part Lot 33, DP 26781 being Part Waihi No 5 Block, Lots 1 and 2, DPS 10618 being Part Waihi No 3 Block, Lots 1 and 2, DPS 21291 being Part Waihi No 5 Block, Lot 1, DPS 2880 being Part Waihi No 5 Block, all situated in Block III, Waihi North Survey District.

(5) Amendment(s) incorporated in the Act(s).

(1) Notwithstanding that the Mayor, Councillors, and Citizens of the Borough of Waipawa (in this section referred to as the Council) failed to give the notice of the time and place of the meetings at which resolutions to sell the land described in subsection (2) (in this section referred to as the said land) were made required to be given by section 150 of the Municipal Corporations Act 1954, and notwithstanding that the land described in subsection (2)(b) and subsection (2)(c) was taken under the Public Works Act 1908 for the purposes of a public recreation reserve and not capable of being sold by the Council, the actions of the Council in executing the following Memoranda of Transfer are hereby validated and declared to have been lawful:

• (a) the Memorandum of Transfer of the land described in subsection (2)(a) to Delta Engineering Company Limited, a duly incorporated company having its registered office at Waipawa, dated 13 December 1974 and registered in the Hawke's Bay District Land Registry under No 309649.1:

• (b) the Memorandum of Transfer of the land described in subsection (2)(b) to S. J. E. Stephenson Limited, a duly incorporated company having its registered office at Waipawa, dated 4 October 1974 and registered in the Hawke's Bay District Land Registry under No 309639.2:

• (c) the Memorandum of Transfer of the land described in subsection (2)(c) to Ashby Brothers (C.H.B.) Limited, a duly incorporated company having its registered office at Waipawa, dated 4 October 1974 and registered in the Hawke's Bay District Land Registry under No 309639.1.

(2) The said land comprises:

• (a) all that parcel of land containing 162 m², more or less, situated in the Borough of Waipawa, being Lot 1, DP 13948, and being all the land comprised and described in certificate of title No F3/694 (Hawke's Bay Registry):

• (b) all that parcel of land containing 7 773 m², more or less, situated in the Borough of Waipawa, being Lot 1, DP 14020, and being part of the land comprised and described in certificate of title No F3/1475 (Hawke's Bay Registry):

• (c) all that parcel of land containing 4 193 m², more or less, situated in the Borough of Waipawa, being Lot 2, DP 14020, and being all the land comprised and described in certificate of title No F3/1476 (Hawke's Bay Registry).

(1) The Chairman, Councillors, and Inhabitants of the County of Bay of Islands shall forthwith surrender to the District Land Registrar of the Land Registration District of North Auckland (in this section referred to as the Registrar) the certificates of title relating to the parcels of land described in the Schedule.

(2) Upon the surrender to the Registrar of the certificate of title relating to it, each such parcel of land shall vest in the owner of adjoining land, and subject to the encumbrances, specified in the sixth column of the Schedule opposite the description of that parcel.

(3) The Registrar shall, without payment of any fee, do all such things and make all such entries in his registers as may be necessary to give full effect to this section.

Notwithstanding that the uniform annual charges relating to the Kerikeri water supply scheme resolved to be made and levied by the Bay of Islands County Council (in this section referred to as the Council) at a duly notified ordinary meeting held on 15 August 1975 in respect of the period commencing with 1 July 1975 and ending with 31 March 1976, and at a duly notified ordinary meeting held on 19 May 1976 in respect of the year ending with 31 March 1977 (in this section together referred to as the said charges) were invalid by virtue of their not being made by special order,—

• (a) the said charges are hereby validated and declared to have been lawfully made:

• (b) all actions of the Council in levying and collecting the said charges are hereby validated and declared to have been lawful:

• (c) all money received by the Council in payment of the said charges is hereby declared to have been lawfully paid to and received by it:

• (d) such part of the said charges as has not yet been paid to the Council is hereby declared to be lawfully payable, and capable of being collected as if it had always been lawfully payable.

The Taranaki County Council (in this section referred to as the Council) is hereby authorised and empowered to pay $2,000 out of its Land Subdivision Reserve Contribution Account to The New Plymouth Opera House Trust Board, a Board duly incorporated under the provisions of Part 2 of the Charitable Trusts Act 1957, for the purpose of upgrading the New Plymouth Opera House; and the said Board shall apply that money for that purpose only:

provided that the receipt of the Secretary for the time being of the said Board shall be a full and sufficient discharge of the Council for the said money, and the Council shall not be obliged to see to its application.

Notwithstanding that the general rate on the unimproved value of rateable property in the Mangakino Riding of 3.07 cents per dollar resolved to be made and levied in respect of the year that ended with 31 March 1975 by the Taupo County Council (in this section referred to as the Council) at a duly notified ordinary meeting held on 25 June 1974 (in this section referred to as the said rate) was invalid by virtue of its exceeding the limit imposed by section 105 of the Counties Act 1956,—

• (a) the said rate is hereby validated and declared to have been lawfully made:

• (b) all actions of the Council in levying and collecting the said rate are hereby validated and declared to have been lawful:

• (c) all money received by the Council in payment of the said rate is hereby declared to have been lawfully paid to and received by it:

• (d) such part of the said rate as has not yet been paid to the Council is hereby declared to be lawfully payable, and capable of being collected as if it had always been lawfully payable.

(1) Notwithstanding that the total amount of each of the rates described in subsection (2) (in this section referred to as the said rates) purported to be made by the Whakatane County Council (in this section referred to as the Council) pursuant to section 47 of the Local Authorities Loans Act 1956 exceeded the amount sufficient to provide, in the year to which it applied, for the payment of the annual charges in respect of the special loan for the repayment of which it was made, plus 10% of that loan,—

• (a) the said rates are hereby validated and declared to have been lawfully made:

• (b) all actions of the Council in levying and collecting the said rates are hereby validated and declared to have been lawful:

• (c) all money received by the Council in payment of the said rates is hereby declared to have been lawfully paid to and received by it:

• (d) such part of the said rates as has not yet been paid to the Council is hereby declared to be lawfully payable, and capable of being collected as if it had always been lawfully payable.

(2) The said rates comprise:

• (a) the special rate of 2.85 cents per dollar on the unimproved value of all rateable property in the area formerly known as the County Town of Matata, made by the Council in respect of the year that ended with 31 March 1975 at a duly notified ordinary meeting held on 23 July 1974 for the purpose of meeting the charges on, and repaying, a loan raised for the purposes of the Matata water supply;

• (b) the special rate of 1.8 cents per dollar on the unimproved value of all rateable property in the area formerly known as the County Town of Edgecumbe, made by the Council in respect of the year that ended with 31 March 1975 at the same meeting for the purpose of meeting the charges on, and repaying, a loan raised for the purposes of the Edgecumbe sewerage scheme; and

• (c) the special rate of 0.41 cents per dollar on the land value of all rateable property in the community of Matata, made by the Council in respect of the year that ended with 31 March 1976 at a duly notified ordinary meeting held on 29 July 1975 for the purpose of meeting the charges on, and repaying, the said loan raised for the purposes of the Matata water supply.

(1) Notwithstanding the provisions of the Greytown Trust Lands Act 1956, the actions of the Greytown Trust Lands Trustees (in this section referred to as the Board) in—

• (a) not making available for public inspection between 1 and 15 February 1976 the electors list described in section 4(1) of that Act; and

• (b) not holding a meeting between 22 and 28 February 1976 to hear and determine objections to the said electors list made pursuant to section 5 of the said Act—

are hereby validated and declared to have been lawful.

(2) Notwithstanding the provisions of the Local Elections and Polls Act 1966, the actions of Trevor John Morris, the former Returning Officer for the Board, in—

• (a) giving a lesser period of notice that an election was to be held on 27 May 1976 than the 35 days' notice required to be given by section 12 of that Act; and

• (b) accepting from candidates at the said election a deposit of $6 rather than the $10 required to be deposited by them by section 14(1) of the said Act—

are hereby validated and declared to have been lawful.

(3) Jack Alexander Hannan, of Greytown, company director, and Burnett Hereward Love Bull, of Greytown, retired overseer, are hereby declared to have been lawfully elected as members of the Board on 27 May 1976.

(4) For the avoidance of doubt it is hereby declared that Thomas Harold Warburton, of Greytown, market gardener, and Donald Barclay Knight, of Greytown, clerk, were lawfully elected as members of the Board in 1975, and George Guy Brunton, of Greytown, shop manager, and Victor Keith Cooke, of Greytown, chemist, were lawfully elected as members of the Board in 1974.

Notwithstanding section 6 of the Finance Act (No 2) 1941, the payment by the Manawatu Catchment Board during the year that ended with 31 March 1976 of the sum of $1,000 to Christina Johanna Leenards, the widow of Alibert Gerhardinus Leenards who at his death was employed by the said Board as Chief Engineer, is hereby validated and declared to have been lawful.

Notwithstanding section 157(c) of the Hospitals Act 1957 and Schedule 6 thereto, the discontinuance of accommodation and services for maternity patients at the Picton Hospital, on and from 17 November 1975, is hereby validated and declared to have been and to continue to be lawful.

(1) The agreement dated 24 August 1976, a certified copy of which is recorded in the Department of Internal Affairs at Wellington as number 105/887, between the local authorities specified in subsection (9) (in this section referred to as the contributing Councils) is hereby validated and declared to have been lawfully made; and the actions of the contributing Councils in entering into the new agreement are hereby validated and declared to have been lawful.

(2) The agreement specified in section 40 of the Local Legislation Act 1963, relating to the establishment and control of a museum for the Provincial District of Nelson, (in this section, as amended by the agreement specified in subsection (1), referred to as the said agreement) is hereby declared to have been on and from 24 August 1976 and to continue to be valid and binding upon the contributing Councils, and upon the Waimea County Council as successor to the former Murchison County Council, according to its tenor.

(3) The contributions payable under the said agreement by the contributing Councils shall continue to be paid to the Nelson City Council (in this section referred to as the Council) and shall continue to be paid by the Council into the special account known as the Museum Account.

(4) The Executive Committee constituted pursuant to the said agreement shall continue to prepare vouchers for all expenses incurred by it and shall, at the end of every month, submit the vouchers duly certified as payable by the Chairman of the Committee to the Council, which shall be responsible for the payment out of the Museum Account of those expenses.

(5) All donations and gifts for the Museum, including any bequests or the proceeds of any devises or bequests, that may be received by the Nelson Provincial Museum Trust Board constituted pursuant to the said agreement (in this section referred to as the Board) or by the said Executive Committee or by the Council shall be paid into the special account known as the Gifts Account which shall continue to be kept by the Council; and the funds in that account shall continue to be used for the general purposes of the Museum:

provided that no money in the Gifts Account shall be expended except pursuant to a resolution of the Board:

provided also that any property of any kind that is or has been given or held upon trust for a particular purpose shall be used only for that purpose.

(6) It shall be lawful for the Nelson Institute, a body corporate constituted under the Nelson Institute Act 1907, to transfer all or any of its museum exhibits to the Board.

(7) While the said agreement remains in force, the Council may, from time to time, make bylaws for the purpose of regulating, controlling, or prohibiting any act, matter, or thing in connection with the control, management, maintenance, or use of the museum:

provided that no such bylaw shall have any force or effect unless and until it has been approved by a resolution of the Board, which approval may be proved by the production of a copy of the resolution with a certificate thereon purporting to be signed by the Chairman and any 2 members of the Board.

(8) Part 29 of the Municipal Corporations Act 1954 shall apply to all bylaws made under subsection (7).

(9) The contributing Councils comprise:

• (a) the Nelson Borough Council:

• (b) the Motueka Borough Council:

• (c) [Repealed]

• (d) the Richmond Borough Council:

• (e) the Waimea County Council:

• (f) the Golden Bay County Council:

• (g) [Repealed]

(10) Section 40 of the Local Legislation Act 1963 is hereby consequentially repealed.

(11) Notwithstanding subsection (10), all bylaws made pursuant to section 40(6) of the Local Legislation Act 1963 that were in force immediately before the commencement of this section shall continue in force, and may be amended or revoked, as if they were made pursuant to subsection (7).

(1) The actions of the former Ohura Town Council (in this section referred to as the Council) in—

• (a) failing to give the notice required by section 52 of the Rating Act 1967 of its intention to make a rate (in this section referred to as the said rates) in respect of the year that ended with 31 March 1975 at an ordinary meeting held on 16 October 1974 (in this section referred to as the said meeting);

• (b) failing to fulfil the condition imposed by section 51(b) of the Rating Act 1967 that the said rates be a rate of a stated amount in the dollar on the rateable values of the rateable property appearing in the valuation roll for the time being in force;

• (c) resolving at the said meeting that the said rates be a rate of 19 cents in the dollar comprising a general rate of 12 cents in the dollar and a water rate of 7 cents in the dollar;

• (d) calculating the said rates on the basis of the land value of all rateable property appearing in the valuation roll then in force; and

• (e) issuing demands in respect of the said rate that described the said rate as being calculated on the basis of the unimproved value of all rateable property appearing in the relevant valuation roll and comprising a general rate of 9 cents in the dollar, a water rate of 8 cents in the dollar (being an amount in excess of the limit imposed by section 95(2)(a) of the Municipal Corporations Act 1954), and a street lighting and maintenance rate of 2 cents in the dollar (being an amount in excess of the limit imposed by section 101 of that Act)—

are hereby validated and declared to have been lawful.

(2) The said rates are hereby validated and declared to have been lawfully made.

(3) All actions of the Council and the Taumarunui County Council in levying and collecting the said rates are hereby validated and declared to have been lawful.

(4) All money received by the Council and the Taumarunui County Council in payment of the said rates is hereby declared to have been lawfully paid to and received by them.

(5) Such part of the said rates as has not yet been paid to the Council or the Taumarunui County Council is hereby declared to be lawfully payable, and capable of being collected as if it had always been lawfully payable.

(1) Notwithstanding that the rates described in subsection (2) (in this section referred to as the said rates) made by the Waverley Town Council (in this section referred to as the Council) were not made in conformity with section 103 of the Municipal Corporations Act 1954,—

• (a) the said rates are hereby validated and declared to have been lawfully made:

• (b) all actions of the Council in levying and collecting the said rates are hereby validated and declared to have been lawful:

• (c) all money received by the Council in payment of the said rates is hereby declared to have been lawfully paid to and received by it:

• (d) such part of the said rates as has not yet been paid to the Council is hereby declared to be lawfully payable, and capable of being collected as if it had always been lawfully payable.

(2) The said rates comprise:

• (a) the charges for sewerage services resolved to be made and levied in respect of the year that ended with 31 March 1974 on rateable property in the Town of Waverley at a duly notified ordinary meeting of the Council held on 12 June 1973, being $40 in respect of commercial premises, $20 in respect of occupied residential sections, and $10 in respect of unoccupied sections; and

• (b) the charges for sewerage services resolved to be made and levied in respect of the year that ended with 31 March 1975 on rateable property in the Town of Waverley at a duly notified meeting of the Council held on 18 June 1974, being $40 in respect of commercial premises, $20 in respect of occupied residential sections, and $10 in respect of unoccupied sections.