Counties Amendment
Counties Amendment
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Counties Amendment
Counties Amendment
Public Act |
1952 No 75 |
|
Date of assent |
23 October 1952 |
|
Contents
An Act to amend the Counties Act 1920.
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.
This Act may be cited as the Counties Amendment Act 1952, and shall be read together with and deemed part of the Counties Act 1920 (hereinafter referred to as the principal Act).
Electors and Electoral Rolls
2 Residential qualification of electors.
(1)
The principal Act is hereby amended by inserting, after section thirty-nine, the following section:—
“39a
“(1)
Every person of or over the age of twenty-one years shall be qualified to be a county elector and to have his name entered on the roll of electors of any riding who possesses a residential qualification, meaning thereby—
1948, No. 15
“(a)
That he is or has the status of a British subject or is an Irish citizen, as defined in the British Nationality and New Zealand Citizenship Act 1948; and
“(b)
That he has resided for one year in New Zealand; and
“(c)
That he has resided in the riding for not less than three months immediately preceding his enrolment or claim for enrolment as a county elector:
“Provided that nothing in this subsection shall be construed to entitle any person to have his name appearing more than once on any roll of electors:
“Provided also that, where any person entitled under this subsection to have his name entered on any roll of electors is also entitled to have his name so entered by virtue of his being a ratepayer, his name shall be entered on the roll in respect of that rating qualification only.
“(2)
For the purposes of this section a person shall be deemed to reside in the place in which he has his permanent home.
“(3)
No person shall by virtue of this section have more than one vote at any election.
“(4)
Nothing in this section shall be construed to entitle any person to vote at any poll of ratepayers other than an election.
“(5)
Nothing in this section shall be construed to impose any liability on any person for the payment of rates.”
1944, No. 6
(2)
The Local Elections and Polls Amendment Act 1944 is hereby amended as follows:—
(a)
By omitting from subsection one of section three the words “of any riding of a county, or”
:
(b)
By omitting from paragraph (c) of the same subsection the word “riding”
wherever it appears:
(c)
By omitting from subsection two of the same section the words “county or”
, and also the words “of any riding of the county, or”
:
(d)
By omitting from the heading to the form in the Schedule the words “Riding of County (or”
:
(e)
By omitting from paragraph one and also from paragraph four of the same form the words “the Riding of the County (or”
wherever they appear:
(f)
By omitting from the same form the words “Elector of the County (or Road District)”
, and substituting the words “Elector of the Road District:”
(g)
By omitting from the same form the words “County Clerk (or a person authorized by the County Clerk to take this declaration)”
.
(3)
Section thirty-eight of the principal Act is hereby amended by omitting the words “county elector”
, and substituting the words “person enrolled as a county elector pursuant to subsection two of section thirty-seven of this Act”
.
3 Abolishing qualification in respect of miners’ rights.
(1)
The principal Act is hereby amended by repealing section forty.
(2)
The principal Act is hereby consequentially amended as follows:—
(a)
By omitting from subsection two of section thirty-seven the words “or on the hereinafter-mentioned list of miners’ rights for such riding”
:
(b)
By repealing section forty-two:
(c)
By omitting from section forty-three the words “or on any such roll and on any list of miners’ rights”
, and also the words “if his qualifications are in respect of rateable property”
:
(d)
By omitting from the same section the words “such qualifications”
, and substituting the words “his qualifications”
.
1946, No. 27
(3)
The Local Elections and Polls Amendment Act 1946 is hereby consequentially amended by repealing so much of the First Schedule as relates to section forty-two of the principal Act.
4 Preparation of rolls.
(1)
The principal Act is hereby amended by repealing section forty-one, and substituting the following section:—
“41
“(1)
The Clerk shall, on or before the thirty-first day of July in any year in which a general election of Councillors is to be held, cause a roll to be prepared for each riding in the county in the prescribed form and containing the names, arranged in alphabetical order of their surnames, of—
“(a)
Every occupier within the meaning of the Rating Act 1925 of rateable property in the riding:
“(b)
Every person who makes a claim in the prescribed form that he is entitled by reason of a residential qualification to have his name entered on the roll, unless to the Clerk’s knowledge any statement made by the applicant in his claim is untrue:
“(c)
Every other person who to the Clerk’s knowledge is entitled by virtue of section thirty-nine a of this Act to have his name entered on the roll,—
and he shall enter thereon the number of votes which each elector is entitled to give at an election of a member of the Council, and he may also enter thereon the number of votes which each elector is entitled to give at any other election for which the roll is used:
“Provided that the Clerk, if the Council so directs, shall not, except pursuant to a claim in the prescribed form, place on the roll the name of any person whose name appeared by virtue only of a residential qualification on the roll of the riding in force for the last general election of Councillors, if that person, not being a candidate and not having voted at that election, did not vote at any one of any subsequent elections of a Councillor or Councillors at which he was entitled to vote.
“(2)
Every person who wilfully makes a false statement in any claim for enrolment under this section commits an offence, and is liable on summary conviction to a fine not exceeding five pounds.
“(3)
It shall be the duty of every County Council to keep at its office and at such other places as it thinks fit a supply of forms of claims for enrolment on any roll of electors prepared by the Council and to make them available for the free use of claimants.’’
Repeal.
(2)
The principal Act is hereby amended by repealing the First Schedule.
1946, No. 27
(3)
The Local Elections and Polls Amendment Act 1946 is hereby consequentially amended as follows:—
(a)
By omitting from section eight the words “County Council or”
:
(b)
By omitting from the same section the words “Council or Board, as the case may be”
, and substituting the word “Board”
:
(c)
By repealing so much of the First Schedule as relates to section forty-one of the principal Act.
5 Amending provisions as to deposit of rolls for public inspection.
(1)
Section forty-four of the principal Act (as amended by section two of the Local Elections and Polls Amendment Act 1946) is hereby further amended by omitting the words “from the twenty-seventh day of July until the fifteenth day of August”
, and substituting the words “for a prescribed period”
.
(2)
The Local Elections and Polls Amendment Act 1946 is hereby consequentially amended by repealing so much of the First Schedule as relates to section forty-four of the principal Act.
6 Amending provisions as to objections to roll.
(1)
Section forty-five of the principal Act (as amended by section two of the Local Elections and Polls Amendment Act 1946) is hereby further amended by omitting the words “on or before the twenty-second day of August in each year in which a general election of Councillors is to be held”
, and substituting the words “in the prescribed time, manner, and form”
.
(2)
The Local Elections and Polls Amendment Act 1946 is hereby consequentially amended by repealing so much of the First Schedule as relates to section forty-five of the principal Act.
7 Clerk may exercise functions of Council as to amending roll.
Section forty-six of the principal Act is hereby amended by inserting, after subsection two, the following subsection:—
“(2a)
The functions conferred upon the Council by this section shall be exercised by the Clerk when the Council is not actually sitting.”
8 Appeals to Magistrate in respect of roll.
(1)
The principal Act is hereby amended by repealing section forty-seven, and substituting the following section:—
“47
“(1)
Any person aggrieved by any decision or act of the Council or of the Clerk touching or concerning the county electors roll may, in the prescribed manner and within the prescribed time, appeal therefrom to a Magistrate, who shall hear and determine the appeal, and may order such alterations in and additions to the roll to be made as he thinks just.
“(2)
All such alterations and additions shall be made by the Clerk and initialed by the Magistrate.”
Repeals.
(2)
The following enactments are hereby consequentially repealed, namely:—
1946, No. 27
(a)
So much of the Second Schedule to the Local Elections and Polls Amendment Act 1946 as relates to section forty-seven of the principal Act:
1950, No. 30
(b)
So much of the Schedule to the Local Elections and Polls Amendment Act 1950 as relates to section forty-seven of the principal Act.
9 When roll in force.
(1)
The principal Act is hereby amended by repealing section forty-eight, and substituting the following section:—
“48
“(1)
The county electors roll for each riding shall be corrected, completed, and authenticated in the prescribed manner and time, and shall come into force on the first day of October next ensuing, and shall remain in force until another county electors roll comes into force for the same riding.
“(2)
All corrections and additions required to be made after the completion of the county electors roll for any riding shall be made on a supplementary county electors list, which shall be corrected, completed, and authenticated in the same manner as in the case of the county electors roll, and thereupon shall become a supplementary county electors roll, and shall form part of the county electors roll for the riding.’’
1946, No. 27
(2)
The Local Elections and Polls Amendment Act 1946 is hereby consequentially amended as follows:—
(a)
By repealing section seven:
(b)
By repealing so much of the First Schedule as relates to section forty-eight of the principal Act.
County Townships
10 Ratepayers of county township may determine basis on which rates shall be collected.
1949, No. 27
The Counties Amendment Act 1949 is hereby amended by inserting, after section four, the following section:—
“4a
“(1)
The ratepayers within any county township may at any time require the Council to take a poll of the ratepayers within the county township on a proposal to adopt within the county township a system of rating which differs from that in force in the county. In every such case the provisions of the Rating Act 1925 as to adopting proposals and rescinding proposals shall, as far as they are applicable and with the necessary modifications, apply as if the county township were a district within the meaning of section thirty-nine of that Act.
“(2)
Where at any such poll a system of rating is adopted which differs from that in force in the county, then, notwithstanding anything to the contrary in the principal Act or in the Rating Act 1925, the following provisions shall apply, namely:—
“(a)
Where any rate is made and levied only on rateable property within the county township, it shall be made and levied on the system of rating adopted at that poll:
“(b)
Where any rate is made and levied on all rateable property within the whole county or within a part of the county which includes the county township, the Council shall, instead of levying that rate on rateable property within the county township on the system of rating in force in the county, make and levy on the rateable property within the county township on the system of rating adopted at the poll a rate calculated to produce a total amount equal to the amount that would have been produced from all the rateable property in the county township if it had been levied on the system of rating in force in the county.
“(3)
In order to produce a total amount of rates equal to the amount that would have been produced from all the rateable property in the county township if it had been levied on the system of rating in force in the county, the Council may under paragraph (b) of the last preceding subsection make and levy within the county township a rate of such amount as may be necessary for the purpose, notwithstanding that it may exceed the maximum rate that may be levied under the provisions of the principal Act.”
11 Council may transfer moneys to separate account in respect of development works in county townships.
1949, No. 27
Section five of the Counties Amendment Act 1949 is hereby amended by repealing subsection three, and substituting the following subsection:—
“(3)
The Council may from time to time transfer moneys from its General Account or from the appropriate Riding Account to any separate account kept in respect of a county township, to meet expenses incurred in executing or maintaining any work in the county township under the authority of section three of this Act.”
12 Amending provisions as to exemption of farm land from separate improvement and development rates.
Section six of the Counties Amendment Act 1949 is hereby amended by omitting from subsection one the words “and is not likely”
, and substituting the words “or is not likely”
.
13 Council may exercise powers after poll of ratepayers instead of on petition.
The Counties Amendment Act 1949 is hereby amended by inserting in Part I, after section seven, the following section:—
“7a
Notwithstanding anything in this Part of this Act, the Council may from time to time take a poll of the ratepayers within any county township, or, as the case may be, within a proposed county township, on any proposal relating to a matter which may be the subject of a petition under this Part of this Act; and, where a majority of the valid votes recorded at the poll is in favour of the proposal, the Council may exercise the powers conferred by this Part of this Act in respect of the matter on which the poll was taken as if a petition thereon had been signed by a majority of the ratepayers within the county township or proposed county township, as the case may be.”
Miscellaneous Amendments
14 Increasing penalty for breach of by-laws.
1949, No. 27
(1)
Section one hundred and eight of the principal Act (as amended by section fifteen of the Counties Amendment Act 1949) is hereby further amended by omitting the words “twenty pounds”
, and substituting the words “fifty pounds”
.
Repeal.
(2)
The Counties Amendment Act 1949 is hereby amended by repealing section fifteen.
15 Council may apply to Supreme Court for injunction against continuing breach of by-law.
Section one hundred and eight of the principal Act is hereby further amended by inserting, after subsection two, the following subsections:—
“(2a)
The Council may, after the conviction of any person for the continuing breach of any by-law, apply to the Supreme Court for an injunction to restrain the further continuance of the breach by the person so convicted.
“(2b)
The continued existence of any work or thing in a state contrary to any by-law shall be deemed a continuing offence within the meaning of this section.”
16 Removal of works executed contrary to by-laws.
The principal Act is hereby amended by inserting, after section one hundred and eight, the following section:—
“108a
“(1)
A by-law may authorize the Council, or any officer thereof, to pull down, remove, or alter any work, material, or thing erected or being in contravention of any by-law, and to recover from the person committing the breach all expenses incurred by the Council in connection with the pulling down, removal, or alteration.
“(2)
The exercise of this authority shall not relieve any person from liability to any penalty incurred by reason of the breach.’’
17 Amending provisions as to expenditure on bridges.
1923, No. 45
(1)
Section one hundred and thirty-one of the principal Act (as amended by section twenty-one of the Appropriation Act 1923) is hereby further amended by omitting from paragraph (d) of subsection one the words “exceeding twenty feet span”
.
Repeal.
(2)
The Counties Amendment Act 1925 is hereby consequentially amended by repealing section ten.
18 Council may construct works within or without the county.
Section one hundred and fifty of the principal Act is hereby amended by omitting the words “whether or not such works are wholly within the county”
, and substituting the words “whether those works are within or without the county”
.
19 Increasing maximum separate drainage rate.
(1)
Section one hundred and sixty-seven of the principal Act is hereby amended by omitting from subsection two the words “one penny”
, and substituting the word “twopence”
.
(2)
Section one hundred and seventy-one of the principal Act is hereby amended by omitting from subsection two the words “three farthings”
, and substituting the words “one penny halfpenny”
.
20 Amending provisions as to workers’ dwellings.
Section one hundred and ninety-two of the principal Act is hereby amended as follows:—
(a)
By omitting the definition of the term “worker”
, and substituting the following definition:—
“‘Worker’ means every person who is resident or desires to become resident in or near to the county:”:
(b)
By inserting in the definition of the term “worker’s dwelling”
in subsection one, after the words “but so that such area”
, the words “if situated within a borough or town district not forming part of a county, shall not be more than three acres, or, if situated within a county,”
:
(c)
By omitting from subsection two the words “employed or resident in the county”
.
21 Council may provide shops and offices in buildings erected by it.
Where pursuant to any authority conferred on it by this Act or any other Act the Council erects any building, it may make provision therein for shops or offices, and may let any such shop or office at such rental, for such term, upon such conditions, and to such person as it thinks fit:
Provided that it shall not be lawful for the Council to make provision as aforesaid for shops or offices to such an extent as to render the building less suitable for the purpose for which it was authorized to be erected, or otherwise to make its principal purpose the provision of shops or offices.
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