Licensing Trusts Amendment
Licensing Trusts Amendment
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Licensing Trusts Amendment
Licensing Trusts Amendment
Public Act |
1951 No 70 |
|
Date of assent |
5 December 1951 |
|
Contents
An Act to amend the Licensing Trusts Act 1949.
BE IT ENACTED by the General Assembly of New Zealand in Parliament assembled, and by the authority of the same, as follows:—
1 Short Title. 1949, No. 43.
This Act may be cited as the Licensing Trusts Amendment Act 1951, and shall be read together with and deemed part of the Licensing Trusts Act 1949 (herein-after referred to as the principal Act).
2 Section 37 of principal Act (as to borrowing powers of licensing Trust) amended.
Section thirty-seven of the principal Act is hereby amended as follows:—
(a)
By inserting in subsection three, after the word “property”
, the words “or the erection, alteration, extension, renovation, or repair of any premises”
:
(b)
By adding to the said subsection three the words “or may, on behalf of the Crown, guarantee the repayment of any moneys borrowed by the Trust for such purposes as aforesaid and the payment of interest on any moneys so borrowed”
.
3 Power of local authority to make advances to or guarantee loans of licensing Trust. Ibid., p. 363. Ibid., p. 415.
The principal Act is hereby amended by inserting, after section thirty-seven, the following section:—
“37A
(1)
For the purpose of providing funds required by the Trust for the acquisition of any property or the erection, alteration, extension, renovation, or repair of any premises to be conducted by the Trust, or for the payment of any preliminary or general expenses payable by the Trust before it has sufficient revenue for the payment thereof, any local authority within whose district the Trust district is situated or, as the case may be, of whose district the whole or any part is situated within the Trust district may from time to time, with the prior consent of the Local Government Loans Board, and upon and subject to such terms and conditions as may be prescribed or approved by that Board,—
“(a)
Advance moneys to the Trust out of its general fund or account, or out of any moneys borrowed by it under this section; or
“(b)
Guarantee the repayment of any moneys borrowed by the Trust and the payment of interest on any moneys so borrowed:
‘‘Provided that the amount of any moneys advanced or guaranteed under this section shall not exceed an amount equivalent to one-third of the moneys so required by the Trust.
“(2)
Subject to the provisions of subsection one of this section, any two or more local authorities to whom that subsection applies may combine—
“(a)
In making any such advance as aforesaid, in such shares and upon and subject to such terms and conditions as may be agreed upon between the local authorities; or
“(b)
In entering into any such guarantee as afore-said, whether jointly and severally or on such other terms and conditions as may be agreed upon between the local authorities.
“(3)
Any local authority, or any two or more local authorities, authorized to enter into any guarantee under this section may enter into any such guarantee together with the Minister of Finance acting on behalf of the Crown. Any such guarantee may be joint and several, or may be entered into upon and subject to such terms and conditions as may be agreed upon between the local authority or authorities and the Minister of Finance.
“(4)
Without limiting the general power of the Local Government Loans Board to prescribe conditions under subsection one of this section, it is hereby declared that the Board may require a poll of the ratepayers of the whole or any part of any local authority’s district to be taken on the proposal to advance the moneys or, as the case may require, on the proposal to enter into the guarantee.
“(5)
Any such local authority may if it thinks fit, before applying for the consent of the Local Government Loans Board under this section, or in any case where the Board, in granting its consent, does not require a poll to be taken, take a poll of the ratepayers of the whole of its district on the proposal to advance the moneys or, as the case may require, on the proposal to give the guarantee.
“(6)
The following provisions shall apply with respect to any poll taken pursuant to this section:—
“(a)
The poll shall be taken in the manner provided by the Local Elections and Polls Act 1925, and the provisions of that Act shall, subject to the provisions of this subsection, apply accordingly:
“(b)
Where the poll is required by the Local Government Loans Board to be taken in part only of the local authority’s district, the provisions of paragraphs (b) to (f) of sub-section three of section three of the Local Bodies’ Loans Act 1926 shall, as far as they are applicable and with the necessary modifications, apply for the purposes of the preparation of the special roll of ratepayers as if the proposal were to raise a special loan for the benefit of that part of the district:
“(c)
The majority required to carry the proposal shall be a majority of the valid votes cast at the poll:
“(d)
The costs and expenses incurred by the local authority in taking the poll may be paid by the local authority out of its general fund or account, and the amount thereof shall be deemed to be a debt due to the local authority by the Trust, and shall be recoverable by the local authority accordingly.
“(7)
Where any local authority becomes liable to make any payment under any such guarantee as aforesaid, it may make the payment out of its general fund or account or out of any moneys borrowed by it under this section.
“(8)
For the purpose of providing funds to enable it to make any advance pursuant to this section, or to enable it to make any payment for which it becomes liable under any guarantee pursuant to this section, or for the purpose of refunding to its general fund or account the amount of any moneys so advanced or any payment so made thereout, any local authority may borrow moneys by way of special loan under the Local Bodies’ Loans Act 1926, by special order, without taking the steps prescribed by sections nine to thirteen of that Act.
“(9)
The borrowing of moneys under the authority of subsection eight of this section shall for the purposes of the Local Government Loans Board Act 1926 be deemed to be borrowing by the local authority for the purpose of meeting liabilities imposed on it by this Act:
“Provided that this subsection shall not apply to the borrowing of moneys for the purpose of making any advance under this section, or of refunding to the local authority’s general fund or account the amount of any moneys so advanced, if no poll of ratepayers is taken, pursuant to subsection four or subsection five of this section, on the proposal to make the advance.
“(10)
Where under this section any poll of rate-payers is taken in part only of a local authority’s district, any special rate subsequently made and levied by the local authority, pursuant to the Local Bodies’ Loans Act 1926, in respect of a special loan raised under subsection eight of this section shall be made and levied within that part only.”
4 Power of local Trust to borrow moneys. 1950, No. 90.
Where, pursuant to any regulations under section forty-six of the principal Act, as substituted by section two of the Licensing Trusts Amendment Act 1950, any licence is granted by a Licensing Committee to a local Trust in respect of any premises or proposed premises to be conducted by that Trust, the provisions of section thirty-seven of the principal Act shall apply with respect to the Trust.
5 Power of local authority to make advances to or guarantee loans of local Trust.
Where any licence is granted by a Licensing Committee to any such local Trust as aforesaid, any local authority which applied for the licence on behalf of the Trust, or which was a party to that application, shall have in respect of the local Trust the same power to advance moneys, or to enter into any guarantee, as a local authority has under section thirty-seven a of the principal Act (as inserted by section three of this Act) in respect of any Trust to which that section applies, and any two or more local authorities who jointly promoted the application for the licence may in like manner combine to exercise any such power; and all the provisions of the said section thirty-seven a shall, with the necessary modifications, apply accordingly.
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Licensing Trusts Amendment
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