	Title
1	Short Title.
2	Annual allowance to Mayor.
3	Councils may unite in joint purchase, operation, and maintenance of plant and machinery.
4	Council may delegate to committees powers conferred by other Acts.
5	Signing of cheques.
6	Estimate of expenditure to be publicly notified fourteen days before general rate made.
7	Minimum charge for water supply.
8	Repealing provision that unoccupied dwellings pay half water rates.
9	Minimum drainage rate.
10	Travelling expenses of members attending conferences.
11	Moneys in fire insurance fund may be applied for acquisition of other assets in place of assets destroyed or damaged by fire.
12	Special order not necessary where land sold for residential purposes.
13	Amending provisions as to rent under renewal leases.
14	Width of private ways.
15	Width of streets.
16	Amending provisions as to new streets and alteration of names of streets.
17	Amending provisions as to supply of water outside the borough.
18	Poll of electors not necessary for contract for water supply for more than three years.
19	Fire hydrants.
20	Council may require removal of scrub, etc., likely to constitute a fire hazard.
21	Amending provisions as to overcrowding of buildings.
22	Registration of agreements for sale, and settlement as joint family homes.
23	Devise of part of land deemed to be a subdivision.
24	Amending provisions as to subdivisions of land.
25	Scheme plans approved under Land Subdivision in Counties Act 1946 to continue in force where land subsequently included in a borough.
26	Increasing penalty for breach of by-laws.
27	Amending provisions as to stopping of streets.
28	Notice to be given to mortgagees and others of proceedings concerning dangerous or ruinous or dilapidated buildings.
29	Council may recover expenses incurred in taking measures to secure safety of the public from dangerous buildings.
30	Apportionment between owners and lessees of cost of providing safeguards against fire and fire escapes.
31	Parking places for vehicles plying for hire may be limited to particular persons.
32	Power to acquire land for subdivision to include power to acquire land on which there are existing buildings.

An Act to amend the Municipal Corporations Act 1933.

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.

1933, No. 30

This Act may be cited as the Municipal Corporations Amendment Act 1953, and shall be read together with and deemed part of the Municipal Corporations Act 1933 (hereinafter referred to as the principal Act).

2 Annual allowance to Mayor.

(1)

The principal Act is hereby amended by repealing section twenty-eight, and substituting the following section:

“28

“(1)

The Mayor may be paid such annual allowance out of the District Fund as the Council from time to time fixes, not exceeding,—

“(a)

In the case of a borough having a population of not more than twenty thousand, five hundred pounds:

“(b)

In the case of a borough having a population of more than twenty thousand but not more than fifty thousand, seven hundred and fifty pounds:

“(c)

In the case of a borough having a population of more than fifty thousand, one thousand pounds,—

but no alteration in the amount of that allowance shall take effect during the term of office of any Mayor.

“(2)

For the purposes of this section—

“(a)

The certificate of the Government Statistician as to the population of any borough at any date shall be conclusive evidence thereof:

“(b)

A person re-elected as Mayor shall be deemed to be a new Mayor.

“(3)

Notwithstanding anything in subsection one of this section, the allowance of the Mayor of any borough who is in office at the commencement of this section may be increased once during his term of office.”

1938, No. 3

(2)

Section three of the Municipal Corporations Amendment Act 1938 is hereby repealed.

3 Councils may unite in joint purchase, operation, and maintenance of plant and machinery.

The principal Act is hereby amended by inserting, after section thirty-three, the following new section:

“33a

The Council may unite with any other Borough Councils or with any other local authorities within the meaning of the Local Government Loans Board Act 1926 in the purchase, operation, and maintenance of plant and machinery upon such terms and conditions as may be agreed upon, and for that purpose those local authorities may enter into contracts (being within their several powers) between themselves or some or one of them on behalf of all of them on the one hand and any other corporation or person on the other hand, and generally may join in any act.”

4 Council may delegate to committees powers conferred by other Acts.

Section forty-eight of the principal Act is hereby amended by repealing subsection one, and substituting the following subsection:

“(1)

The Council may from time to time appoint standing or special committees consisting of two or more persons, and may refer to any such committee any matters for consideration, or inquiry, or management, or regulation; and may delegate to any such committee any of the powers and duties conferred or imposed upon the Council by this Act or any other Act, except—

Ibid., p. 488

“(a)

The powers and duties conferred or imposed upon the Council by the Town Planning Act 1926, the Public Works Act 1928, or the Housing Improvement Act 1945:

Ibid., Vol. VII, p. 622 1945, No. 17

“(b)

The power to borrow money, to make a rate, to make a by-law, to enter into a contract, or to institute an action:

“Provided that no appointment of any committee or of any person to a committee shall be made at any time after the day fixed for the election of a new Mayor until the new Mayor has come into office.”

5 Signing of cheques.

Section seventy-four of the principal Act is hereby amended by omitting from subsection one the words “any two of such of the Councillors as”, and substituting the words “any Councillor whom”.

6 Estimate of expenditure to be publicly notified fourteen days before general rate made.

Section seventy-nine of the principal Act is hereby amended by omitting the words “one week”, and substituting the words “not less than fourteen days”.

7 Minimum charge for water supply.

(1)

Section eighty-two of the principal Act is hereby amended as follows:

(a)

By omitting from paragraph (d) of subsection five the words “ten shillings per annum”, and substituting the words “one pound per annum”:

(b)

By omitting from paragraph (e) of subsection five the words “less than ten shillings”, and substituting the words “less than one pound”:

(c)

By omitting from paragraph (f) of subsection six the words “ten shillings per annum”, and substituting the words “one pound per annum”:

(d)

By omitting from paragraph (g) of subsection six the words “less than ten shillings”, and substituting the words “less than one pound”.

(2)

Section eighty-four of the principal Act is hereby amended by omitting from the proviso to paragraph (a) of subsection one the words “ten shillings” wherever they occur, and substituting in each case the words “one pound”.

8 Repealing provision that unoccupied dwellings pay half water rates.

The principal Act is hereby amended by repealing section eighty-three.

9 Minimum drainage rate.

Section ninety-one of the principal Act is hereby amended by adding to subsection one the following proviso:

“Provided that if that rate would produce less than one pound in respect of any such property a charge of not more than one pound may be made and levied.”

10 Travelling expenses of members attending conferences.

1951, No. 79

Section one hundred and three of the principal Act, as substituted by section ten of the Fees and Travelling Allowances Act 1951, is hereby amended by adding the following subsections as subsections two and three thereof:

1951, No. 79

“(2)

Where, pursuant to a resolution of the Council in that behalf, any member of the Council or of any committee of the Council attends any conference or meeting as the representative of the Council, he shall be deemed for the purposes of section four of the Fees and Travelling Allowances Act 1951 to be travelling in the service of the Council and to be transacting the business of the Council, and shall be entitled to receive payment of travelling allowances and expenses accordingly.

1939, No. 16

“(3)

Nothing in subsection two of this section shall apply in any case where the member is entitled to payment of travelling expenses under the provisions of section eight of the Municipal Association Act 1939.”

11 Moneys in fire insurance fund may be applied for acquisition of other assets in place of assets destroyed or damaged by fire.

Section one hundred and fifteen of the principal Act is hereby amended by adding the following proviso:

“Provided that, where the Council considers it inexpedient that any building or other property that is destroyed or damaged by fire should be re-erected, repaired, or reinstated, the Council may, with the approval of the Audit Office, apply any moneys forming part of any such fund, not exceeding the insurable value of the building or other property destroyed or damaged, in the acquisition or erection of another building or the purchase of other property in place of the building or other property destroyed or damaged.”

12 Special order not necessary where land sold for residential purposes.

Section one hundred and fifty-six of the principal Act is hereby amended by adding to subsection one the following proviso:

“Provided that a special order shall not be necessary in any case where the land is sold to any person who is desirous of building a dwellinghouse thereon for the personal occupation of himself and his family or of occupying with his family any dwellinghouse already on the land.”

13 Amending provisions as to rent under renewal leases.

(1)

Section one hundred and fifty-eight of the principal Act is hereby amended as follows:

(a)

By omitting from subparagraph (i) of paragraph (b) of subsection one the words “the land only, without regarding the value of any buildings or other improvements thereon”, and substituting the words “the land, including any buildings and other improvements thereon erected or made by the Council but excluding any other buildings or improvements thereon”:

(b)

By omitting from subparagraph (ii) of the same paragraph the words “the land only (to be fixed by valuation), without regarding the value of any buildings or improvements thereon”, and substituting the words “the land, including any buildings and other improvements thereon erected or made by the Council (to be fixed by valuation) but excluding any other buildings or improvements thereon”:

(c)

By omitting from the same subparagraph the words “such buildings and improvements”, and substituting the words “the buildings and improvements other than buildings and improvements erected or made by the Council”.

(2)

Section one hundred and fifty-eight of the principal Act is hereby further amended by adding the following subsection:

“(4)

Notwithstanding anything in the foregoing provisions of this section, where in any case the Council considers that the annual rent under any renewal lease granted under subparagraph (i) of paragraph (b) of subsection one of this section should not exceed fifty pounds, it may give notice in writing to the lessee of the rent it is prepared to accept, and the lessee may, within one month after the service of the notice, elect in writing to accept the renewal lease at the rent stated in the notice or at such other rent as may be agreed upon between the Council and the lessee or as may be fixed by the valuation of one independent person to be appointed by agreement between the Council and the lessee. In default of agreement or if the lessee does not make his election within the said period of one month, the rent shall be fixed by valuation made in the manner prescribed in subsection three of this section.”

14 Width of private ways.

Section one hundred and seventy-four of the principal Act is hereby amended by adding to subsection six the following provisoes:

“Provided that a private way may be of any greater width for a distance of not more than twenty feet from where it meets any street:

“Provided also that a private way which has a blind end may have a turning space of any width at that end.”

15 Width of streets.

1948, No. 60

(1)

The principal Act is hereby amended by repealing section one hundred and ninety, as substituted by section thirty-one of the Municipal Corporations Amendment Act 1948, and substituting the following section:

“190

“(1)

Where it is difficult or inexpedient to lay off a street at a width of sixty-six feet throughout the whole of its length as required by this Act—

“(a)

The Governor-General, on the application of the Council, may, by Order in Council, authorize the Council to lay off or permit the laying off of the street at a width for the whole or any part or parts of its length of less than sixty-six feet but not less than forty feet:

“(b)

The Council may, pursuant to a special order in that behalf, lay off or permit the laying off of the street at a width for the whole or any part or parts of its length of less than sixty-six feet but not less than fifty feet:

“Provided that in every such case the Council shall require that, when new buildings are erected or any buildings are rebuilt or re-erected or are substantially rebuilt or re-erected on land having a frontage to any part of that street which has a width of less than sixty-six feet, no part of any such buildings shall stand within thirty-three feet of the middle line of the street.

“(2)

The provisions of section one hundred and twenty-eight of the Public Works Act 1928 shall not apply with respect to any land having a frontage to any part of a street which has been laid off at a width of less than sixty-six feet pursuant to a special order under paragraph (b) of subsection one of this section.

“(3)

As soon as conveniently may be after the making of a special order under paragraph (b) of subsection one of this section, the Council shall send a copy of the special order to the District Land Registrar or the Registrar of Deeds, as the case may require, who shall, without payment of any fee, deposit the same in his office and register against the title to all land affected thereby a memorandum under his hand that the land is subject to the building line restriction specified in the proviso to paragraph (b) of subsection one of this section.”

1948, No. 60

(2)

Section thirty-one of the Municipal Corporations Amendment Act 1948 is hereby repealed.

16 Amending provisions as to new streets and alteration of names of streets.

Section one hundred and ninety-three of the principal Act is hereby amended by adding the following subsections as subsections two and three thereof:

“(2)

Notwithstanding anything in subsection one of this section, a special order shall not be necessary in any case where land is dedicated as a street pursuant to a resolution of the Council accepting dedication, and the land shall be deemed to be a new street on registration of the instrument of dedication.

“(3)

Where the Council alters the name of any street, the Council shall as soon as conveniently may be after the making of the special order in that behalf, send a copy of the special order to the District Land Registrar of the land registration district within which the land is situated, who shall deposit the same in his office without payment of any fee.”

17 Amending provisions as to supply of water outside the borough.

(1)

Section two hundred and fifty-three of the principal Act is hereby amended by omitting from subsection three the words “three months”, and substituting the words “twelve months”.

(2)

Section two hundred and fifty-three of the principal Act is hereby further amended by adding to subsection three the following proviso:

“Provided that nothing in this subsection shall apply in any case where water is supplied to any local authority pursuant to a contract entered into pursuant to section two hundred and fifty-six of this Act.”

1941, No. 1

(3)

Section three of the North Shore Boroughs (Auckland) Water Supply Act 1941 is hereby amended by repealing subsection three.

18 Poll of electors not necessary for contract for water supply for more than three years.

(1)

Section two hundred and fifty-six of the principal Act is hereby amended by omitting the words “but no contract shall be made for a longer period than three years, unless the period for which it is proposed that such contract shall be made is previously approved by a poll of electors”.

1941, No. 1 1933, No. 30

(2)

Section three of the North Shore Boroughs (Auckland) Water Supply Act 1941 is hereby amended by omitting from subsection two the words “and, notwithstanding anything to the contrary in section two hundred and fifty-six of the Municipal Corporations Act 1933, it shall not be necessary for any such period to be approved by a poll of electors”.

19 Fire hydrants.

(1)

The principal Act is hereby amended by repealing section two hundred and sixty-two, and substituting the following section:

“262

“(1)

The Council shall fix fire hydrants in the main pipes, other than trunk mains, of the waterworks in the borough at the most convenient places for extinguishing any fire, as the Urban Fire Authority approves, and shall keep those fire hydrants in effective working order.

“(2)

Fire hydrants shall be so fixed at distances not more than one hundred yards from each other or, in the case of valve type hydrants, at such greater distances as the Urban Fire Authority approves.

“(3)

The Council shall put near each fire hydrant a conspicuous notice or a mark of a kind approved by the Urban Fire Authority showing the situation of the hydrant, and that notice may, if the Council thinks fit, be put on any building.

“(4)

In this section the term ‘trunk main’ means a main used for the purpose of conveying water from a source of supply to a filter or reservoir or from one filter or reservoir to another filter or reservoir, or for the purpose of conveying water in bulk from one part of the limits of supply to another part of those limits, or for the purpose of giving or taking a supply of water in bulk.

“(5)

Where the Council is dissatisfied with any decision of the Urban Fire Authority under this section, it may within one month after receiving notice of the decision appeal against that decision to a Magistrate, whose decision shall be final.”

(2)

Section two hundred and sixty-three of the principal Act is hereby amended by omitting from subsection one the word “fireplugs”, and substituting the words “fire hydrants”.

20 Council may require removal of scrub, etc., likely to constitute a fire hazard.

The principal Act is hereby amended by inserting, after section two hundred and seventy-three, the following new section:

“273a

“(1)

The Council may, by order in writing under the hand of the Mayor or the Clerk, require the occupier or, in any case where there is no occupier, the owner of any land within the borough to cut down or otherwise eradicate and remove any broom, gorse, scrub, weeds, undergrowth, dry grass, or other growth on that land which in the opinion of the Council is or is likely to become a source of danger from fire.

“(2)

Within ten days after service of the order the occupier or owner, as the case may be, may, by complaint under the Justices of the Peace Act 1927, require the Council to appear before a Magistrate to show cause why the order should not be set aside. Pending the determination of the complaint the order shall be deemed to be suspended.

“(3)

On the hearing of the complaint the Magistrate, whose decision shall be final, shall determine whether the order should or should not be set aside, and in the former case the order shall be deemed to be void.

“(4)

In the case of an order which is not set aside as aforesaid, if the occupier or owner fails to do any such act in compliance therewith within fourteen days from the service thereof or, where complaint as aforesaid has been heard, within fourteen days after the giving of the Magistrate’s decision, he commits an offence and is liable on summary conviction to a fine not exceeding one pound for every day thereafter during which the failure continues, and the Council may enter upon the land and do that act and recover the cost from him.

“(5)

The said cost shall be a charge on the land.

1950, No. 62

“(6)

The powers conferred by this section shall be in addition to and not in substitution for any powers of the Council in that behalf under the Noxious Weeds Act 1950.”

21 Amending provisions as to overcrowding of buildings.

(1)

Section three hundred and six of the principal Act is herby amended as follows:

(a)

By inserting in subsection six, before the words “the open space”, the words “or any other building or erection is erected upon the site of any such dwellinghouse”:

(b)

By inserting in the same subsection, after the words “such alteration or addition”, the words “or building or erection”.

(2)

Section three hundred and seven of the principal Act is hereby amended by inserting in subsection one, after the words “to be occupied”, the words “or alters or adds to any dwellinghouse or erects any building or other erection”.

(3)

Section three hundred and seven of the principal Act is hereby further amended by adding the following subsection:

“(3)

Where any person is convicted of a breach of subsection six of section three hundred and six of this Act, the Council may cause the alteration or addition made or the building or erection erected in breach of that subsection to be pulled down or removed, and may recover from the person committing the breach all expenses incurred by the Council in connection with the pulling down or removal.”

22 Registration of agreements for sale, and settlement as joint family homes.

1952, No. 52

(1)

The principal Act is hereby amended by inserting, after section three hundred and twenty-nine, the following new section:

“329a

1948, No. 60

“(1)

Notwithstanding anything to the contrary in the Land Transfer Act 1952, an agreement for sale under section three hundred and twenty-nine of this Act or under section fifteen of the Municipal Corporations Amendment Act 1948 (whether made before or after the commencement of this section) may be registered under the Land Transfer Act 1952 against the title of the Council in the land, in the same manner, subject to any modifications prescribed by regulations made under this section, as a lease may be so registered.

“(2)

Where the District Land Registrar is satisfied that any such agreement has not been executed in duplicate, he may accept as a duplicate of the agreement a copy of the agreement duly authenticated to his satisfaction as a true copy, and every such authenticated copy shall, for the purposes of Part III of the Land Transfer Act 1952, be deemed to be a duplicate of the agreement.

“(3)

Where any such agreement has been registered as aforesaid, every transfer, mortgage, lease, transmission, and other disposition of the land comprised therein may be registered in the same manner, subject to any modifications prescribed by any regulations made under this section, as a similar transfer, mortgage, lease, transmission, or disposition of a registered lease.

“(4)

The same fee shall be payable on the registration of any transfer, mortgage, lease, transmission, or other disposition of the land comprised in any such agreement as on the registration of a similar transfer, mortgage, lease, transmission, or other disposition of an estate in fee simple in land.

“(5)

The registration of any such agreement or of any assignment or other disposition thereof shall have the same effect in conferring priority of title as against any unregistered right, title, or interest, as if it were the registration of a transfer or other disposition of the legal estate in the land:

“Provided that registration shall not be necessary for the validity, either at law or in equity, of any such agreement or any assignment or other disposition thereof.

“(6)

Where the Council rescinds any such agreement which has been registered under this section it may send a notice of rescission to the District Land Registrar, who, without further notice or inquiry and without fee, shall enter a memorial thereof upon the register.

“(7)

Where the purchaser’s estate or interest under any such registered agreement is subject to any registered encumbrance, lien, or other interest, the District Land Registrar, before registering the purchaser as the proprietor of an estate in fee simple in the land, shall make all entries necessary to record on the certificate of title every existing registered encumbrance, lien, and interest, in the order of their registered priority; and the purchaser’s estate or interest in the land shall be subject to every such encumbrance, lien, and interest as if it had been created in respect of that estate.

“(8)

The Governor-General may from time to time, by Order in Council, make all such regulations as may in his opinion be necessary or expedient for regulating the mode of registration of instruments under this section. All such regulations shall be laid before Parliament within twenty-eight days after the making thereof if Parliament is then in session, and, if not, shall be laid before Parliament within twenty-eight days after the commencement of the next ensuing session.”

1950, No. 43 1951, No. 28 1952, No. 77 1933, No. 30 1948, No. 60

(2)

Section four of the Joint Family Homes Act 1950, as amended by subsection one of section eight of the Joint Family Homes Amendment Act 1951 and by subsection one of section three of the Joint Family Homes Amendment Act 1952, is hereby further amended by inserting in the proviso to subsection one, before the words “is subject to”, the words “is held under agreement for sale under section three hundred and twenty-nine of the Municipal Corporations Act 1933 or section fifteen of the Municipal Corporations Amendment Act 1948, or”.

23 Devise of part of land deemed to be a subdivision.

1952, No. 52

Section three hundred and thirty-two of the principal Act is hereby amended by adding to subsection one the following paragraph:

“(c)

Being land subject to the Land Transfer Act 1952 and comprised in one certificate of title, or being a continuous area of land not subject to that Act, the personal representative of the former deceased owner disposes of any specified part thereof less than the whole to any person pursuant to a devise of that part under the will of the former deceased owner:

“Provided that nothing in this section shall affect the equitable interest of the devisee in the land.”

24 Amending provisions as to subdivisions of land.

(1)

Section three hundred and thirty-two of the principal Act is hereby further amended by repealing subsection three, and substituting the following subsections:

“(3)

In any such case the Council may—

“(a)

Refuse to approve the plan if it is of opinion that the land is not suitable for subdivision or that in the case of any allotment adequate provision has not been made or is not practicable for drainage or the disposal of sewage;

“(b)

Require a new plan to be submitted;

1953, No. 69

“(c)

Before approving the plan, or any plan submitted in substitution therefor, require the owner to make provision or further or other provision for the construction of streets, or the making of reserves, or require that the work of making all new streets shown on the plan shall first be completed to the satisfaction of the Council:

“Provided that, where in the opinion of the Council it is undesirable or unnecessary to require the owner to make provision for the making of reserves, the Council may in lieu thereof make it a condition of approval that a sum of money be paid to the Council within such time as it may specify, and may require the owner to enter into a bond for the due payment of the amount payable as aforesaid. All moneys so received by the Council shall be paid into a separate account and shall be applied for the purchase of land to be held as public reserves subject to the provisions of the Reserves and Domains Act 1953 and the improvement and development of public reserves subject to the provisions of that Act, and so far as possible shall be so applied for the purchase of land, or the improvement or development of public reserves in the locality in which the land included in the plan of subdivision is situated;

“(d)

Approve the plan subject to the allotments being disposed of by way of lease only and for a term not exceeding a term prescribed by the Council;

“(e)

Approve the plan subject to the condition that any other land of the subdividing owner that adjoins any allotment shown on the plan be included in and form part of that allotment or be transferred to the owner of any land that adjoins that other land, and that one certificate of title be issued to include the several pieces of land included in the allotment or, as the case may be, to include both the land transferred to the owner of the adjoining land and that adjoining land; or

“(f)

Approve the plan subject to the condition that any specified easements shown on the plan shall be duly granted or reserved.

“(3a)

Without limiting the grounds upon which the Council may decide that the land is not suitable for subdivision, the Council in deciding, pursuant to paragraph (a) of subsection three of this section, whether any land is suitable for subdivision shall take into consideration any danger that may exist of the land being eroded or inundated by the sea or by a river or lake, and, if the Council is of opinion that the danger is such as to render the land unfit for subdivision for building purposes, it may refuse to approve the plan or, before approving the plan, require the owner to make such provision for the protection of the land from erosion or inundation as the Council thinks fit.

1952, No. 52

“(3aa)

Where the Council approves a plan of subdivision on condition that any other land of the subdividing owner that adjoins any allotment shown on the plan be included in and form part of that allotment or be transferred to the owner of any land that adjoins that other land, the plan of subdivision shall not be deposited under the Land Transfer Act 1952 or in the Deeds Register Office, unless the District Land Registrar, or, as the case may be, the Registrar of Deeds is satisfied that the subdividing owner has complied with that condition.

“(3b)

Where the Council approves a plan of subdivision on condition that land of the subdividing owner is transferred to the owner of other land adjoining and that one certificate of title be issued to include both parcels of land, and the District Land Registrar is of opinion that it is not practicable to issue a certificate of title to include both parcels of land, the Council may revoke the condition that one certificate of title be issued to include both parcels of land and substitute in its place a condition that the owner of both parcels of land enter into an agreement with the Council that he will not without the consent of the Council transfer or lease either parcel of land or any part thereof except in conjunction with the other. Every such agreement shall be deemed to create an interest in each parcel of land for the purposes of section one hundred and thirty-seven of the Land Transfer Act 1952.

“(3c)

Where after the commencement of this subsection the Council approves a plan of subdivision conditionally on any specified easements shown on the plan being duly granted or reserved, the following provisions shall apply:

“(a)

No such easement may be surrendered by the owner of the dominant tenement or, in the case of an easement in gross, the grantee of the easement or be merged by transfer to the owner of the servient tenement, except with the consent of the Council. The District Land Registrar shall endorse on the instrument by which the easement is granted or reserved a memorial that the easement is subject to the provisions of this paragraph:

1952, No. 52

“(b)

There shall be endorsed on the plan of subdivision of the land deposited under the Land Transfer Act 1952 or the Deeds Registration Act 1908, as the case may be, a memorandum showing with respect to each such easement which is the dominant tenement and which is the servient tenement, or, in the case of an easement in gross, the name of the proposed grantee and which is the servient tenement:

“(c)

The District Land Registrar or, as the case may require, the Registrar of Deeds shall refuse to register any instrument of transfer or conveyance or lease of any allotment shown on the plan, unless he is satisfied that all easements so specified which are appurtenant to that allotment or to which that allotment is subject have been duly granted or reserved.”

(2)

Section three hundred and thirty-two of the principal Act is hereby further amended by repealing subsections four to six, and substituting the following subsection:

1953, No. 91

“(4)

Any person aggrieved by the decision of the Council under this section may appeal in the prescribed manner to the Town and Country Planning Appeal Board constituted under the Town and Country Planning Act 1953, and the decision of that Board shall be final.”

(3)

The following enactments are hereby repealed, namely:

1948, No. 60

(a)

Subsection one of section thirty-six of the Municipal Corporations Amendment Act 1948:

1950, No. 60

(b)

Section five of the Municipal Corporations Amendment Act 1950.

(4)

Subsection two of this section shall come into force on the first day of February, nineteen hundred and fifty-four.

25 Scheme plans approved under Land Subdivision in Counties Act 1946 to continue in force where land subsequently included in a borough.

1946, No. 23

Section three hundred and thirty-two of the principal Act is hereby further amended by inserting, after subsection ten, the following subsection:

“(10a)

In any case where a scheme plan under the Land Subdivision in Counties Act 1946 of any land in a county or in a town district that forms part of a county has been approved by the Minister of Lands under that Act and the land has been subsequently included in a borough, the previous approval of the plan shall, for the purposes of subsection ten of this section, be deemed to be an approval by the Council, and all conditions imposed by that Minister in granting his approval of the scheme plan and all requirements of the local authority in relation to the proposed roads, access ways, and service lanes on the scheme plan shall continue to have effect as if they had been imposed by the Council. The provisions of sections eleven, twelve, thirteen, fourteen, fifteen, and seventeen of the Land Subdivision in Counties Act 1946 (which relate to the setting aside of reserves for public purposes or as Crown land, the disposal of moneys paid in lieu of reserves, the registration of documents to give effect to the scheme plan, and the exclusion of certain provisions of the Public Works Act 1928) shall continue to apply with respect to the land included in any such scheme plan notwithstanding that the land has been included in a borough.”

26 Increasing penalty for breach of by-laws.

Section three hundred and seventy of the principal Act is hereby amended by omitting from subsection one the words “twenty pounds”, and substituting the words “fifty pounds”.

27 Amending provisions as to stopping of streets.

(1)

The Fifth Schedule to the principal Act is hereby amended by revoking clauses five to seven, and substituting the following clauses:

“(5)

If objections are received as aforesaid, the Council shall forthwith after the expiration of the time limited as aforesaid inquire into and dispose of the objections.

“(6)

If after inquiring into and disposing of the objections the Council reaffirms its decision to stop the street, the Council shall send the plans aforesaid, with a full description of the proposed alterations, and with the Council’s decision thereon, to the Magistrate.”

(2)

The Fifth Schedule to the principal Act is hereby further amended by omitting from clause eight and also from clauses nine, ten, and eleven the words “the electors”, and substituting in each case the words “the Council”.

(3)

The Fifth Schedule to the principal Act is hereby further amended by adding to clause three the following proviso:

“Provided that the Council shall not be deemed to have failed to comply with the provisions of this clause in any case where any such notice is removed without the authority of the Council, but in any such case the Council shall, as soon as conveniently may be after being informed of the unauthorized removal of the notice, cause a new notice complying with the provisions of this clause to be affixed in place of the notice so removed and to be kept so affixed for the period aforesaid.”

28 Notice to be given to mortgagees and others of proceedings concerning dangerous or ruinous or dilapidated buildings.

(1)

The Eleventh Schedule to the principal Act is hereby amended as follows:

(a)

By adding to clause two the words “and shall send a copy of the notice to every person having a registered interest in the land under any mortgage or other encumbrance”:

(b)

By inserting in clause three, after the words “the owner”, the words “and to every person having a registered interest in the land under any mortgage or other encumbrance”:

(c)

By inserting in clause six, after the words “notice or order”, the words “to the owner”:

(d)

By adding to clause six the words “Any such notice to any other person having an interest in the land may be given to him by serving the same upon him personally or by being posted by registered letter to him at his last known address or by serving it upon his agent.”:

(e)

By omitting from clause seven the words “shall pay the residue (if any) to the owner upon demand”, and substituting the words “shall apply the residue (if any) in payment of any registered encumbrances on the land in the order of their priority, and shall upon demand pay the balance (if any) to the owner”.

1948, No. 60

(2)

Section thirty-five of the Municipal Corporations Amendment Act 1948 is hereby amended as follows:

(a)

By adding to subsection two the words “and shall send a copy of the notice to every person having a registered interest in the land under any mortgage or other encumbrance”:

(b)

By inserting in subsection three, after the words “notice to the owner”, the words “and to every person having a registered interest in the land under any mortgage or other encumbrance”:

(c)

By inserting in subsection six, after the words “notice or order”, the words “to the owner”:

(d)

By adding to subsection six the words “Any such notice to any other person having an interest in the land may be given to him by serving the same upon him personally or by being posted by registered letter to him at his last known address or by being served upon his agent.”:

(e)

By omitting from subsection seven the words “shall pay the residue (if any) to the owner on demand”, and substituting the words “shall apply the residue (if any) in payment of any registered encumbrances on the land in the order of their priority, and shall upon demand pay the balance (if any) to the owner”.

29 Council may recover expenses incurred in taking measures to secure safety of the public from dangerous buildings.

(1)

The Eleventh Schedule to the principal Act is hereby further amended by adding the following clause:

“9

The Council may recover from the owner all expenses incurred in taking any measures under clause eight of this Schedule to secure the safety of the public.”

(2)

The Eleventh Schedule to the principal Act is hereby further amended by inserting in clause seven, after the word “this Schedule”, the words “(including any expenses incurred under clause eight of this Schedule)”.

30 Apportionment between owners and lessees of cost of providing safeguards against fire and fire escapes.

1938, No. 3 1949, No. 18

Section twenty-six of the Municipal Corporations Amendment Act 1938, as amended by section eighty-seven of the Fire Services Act 1949, is hereby further amended by adding the following subsections:

“(7)

Any person who in respect of any building has paid or incurred the expenses of executing any work or installing any equipment in pursuance of any by-law made under this section, or of any regulations made under this section and having effect as by-laws, may make application to the Court for an order apportioning the expenses among the several persons entitled to any estate or interest in the building or in any part thereof, and the Court may make such order concerning those expenses and their apportionment among the several persons so interested as appears to the Court to be just and equitable in the circumstances of the case, having regard to the terms of any lease or contract affecting the building or any part thereof.

“(8)

In subsection seven of this section the term ‘Court’ in any case where the expenses paid or incurred do not exceed five hundred pounds means a Magistrate’s Court, and in any other case means the Supreme Court.”

31 Parking places for vehicles plying for hire may be limited to particular persons.

Section thirty-three of the Municipal Corporations Amendment Act 1938 is hereby amended by inserting, after subsection four, the following subsections:

“(4a)

Where pursuant to subsection four of this section any specified parking place has been appointed for the use of vehicles plying or otherwise available for hire for the carriage of passengers or goods or for the use of any specified kind of such vehicles, the Council may from time to time, by resolution publicly notified, limit that parking place or any specified part thereof to particular persons.

“(4b)

Where any parking place has been so limited to particular persons, no other person in charge of any vehicle shall allow that vehicle to stand in that parking place.”

32 Power to acquire land for subdivision to include power to acquire land on which there are existing buildings.

1948, No. 60

(1)

Section thirteen of the Municipal Corporations Amendment Act 1948 is hereby amended by adding the following subsection as subsection two thereof:

“(2)

Subject to the provisions of section eighteen of the Public Works Act 1928, land may be purchased or taken under this section whether or not there are buildings on the land.”

(2)

Section fifteen of the Municipal Corporations Amendment Act 1948 is hereby amended as follows:

(a)

By adding to subsection one the words “or of personally occupying with his family any dwellinghouse already on the allotment”:

(b)

By inserting in subsection two, after the words “his family”, the words “or of personally occupying with his family any dwellinghouse already on the allotment”.