Deputies of members of District Roads Councils

Allowances to members of District Roads Councils

Delegation of powers of Board to local authority

Subsidies to local authorities on alteration of boundaries

Validation of refunds of motor spirits tax

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National Roads Amendment Act 1956

Public Act		1956 No 44
Date of assent		25 October 1956

	Title
1	Short Title
2	Deputies of members of District Roads Councils
3	Allowances to members of District Roads Councils
4	Subsidised highways
5	Delegation of powers of Board to local authority
6	Subsidies to local authorities on alteration of boundaries
7	Unauthorised expenditure
8	Validation of refunds of motor spirits tax

An Act to amend the National Roads Act 1953

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 National Roads Amendment Act 1956, and shall be read together with and deemed part of the National Roads Act 1953 (hereinafter referred to as the principal Act).

2 Deputies of members of District Roads Councils

Section seven of the principal Act is hereby amended by repealing subsection nine, and substituting the following subsections:

“(9)

The Board may appoint any person to be the deputy of any member of a District Roads Council, to act, pursuant to the terms of his appointment, in the event of the absence from any meeting of the Council of the member whose deputy he is. The deputy of the District Commissioner of Works, when so acting, shall be the Chairman of the Council.

“(10)

Where any member of the Council was appointed on the recommendation of any local authority or person, his deputy shall be appointed by the Board on a like recommendation.”

3 Allowances to members of District Roads Councils

Section nine of the principal Act is hereby amended as follows:

(a)

By omitting from paragraph (a) of subsection one the words “an allowance at such rate as may be prescribed”, and substituting the words “such remuneration as is approved from time to time by the Minister of Finance for each day or part of a day that the member attends any meeting of the executive body”:

(b)

By omitting from paragraph (b) of subsection one the words “any other member”, and substituting the words “any member”.

4 Subsidised highways

The principal Act is hereby amended by inserting, after section twelve, the following section:

“12a

“(1)

Notwithstanding anything in this Act or in any other Act, the Board may from time to time, by resolution gazetted, determine that any carriageway which is under the control of a local authority or public body and is, or in the opinion of the Board will be, regularly or continuously for any period available for public use, shall while it is so available, be a subsidised highway; and thereupon—

“(a)

All the provisions of this Act, or such of them as are specified in the resolution, shall apply to that carriageway as if it were a main highway;

“(b)

The local authority or public body having control thereof shall, while it is a subsidised highway, be deemed to be a local authority for the purposes of this Act, with all the powers, rights, duties, liabilities, and obligations of a local authority specified in this Act, as if the carriageway were a main highway and as if the Board had delegated its powers in respect thereof to the local authority or public body; and

“(c)

The amount to be contributed by the Board to the local authority or public body in respect of the construction, maintenance, or control of the carriageway shall be such as the Board from time to time by resolution determines.

“(2)

Any resolution under this section may be at any time in like manner varied or revoked.”

5 Delegation of powers of Board to local authority

Section thirteen of the principal Act is hereby amended by inserting in the first proviso to subsection one, after the word “situated”, the words “or, where the boundary between the districts of any local authorities runs along any main highway, be delegated by the Board to such of those local authorities as the Board decides as if the main highway or portion of main highway were wholly in the district of that local authority”.

6 Subsidies to local authorities on alteration of boundaries

Section twenty-three of the principal Act is hereby amended by omitting from the proviso to subsection five the words “where the district of the local authority has been reduced by alteration of boundaries”, and substituting the words “where the boundaries of the district of the local authority have been altered”.

7 Unauthorised expenditure

The principal Act is hereby amended by inserting, after section twenty-eight, the following section:

“28a

In every financial year the Board may, for its own purposes or for purposes of District Roads Councils (being purposes not authorised by any Act or law for the time being in force), expend out of the Fund any sum or sums not amounting in the aggregate to more than five thousand pounds.”

8 Validation of refunds of motor spirits tax

All refunds of motor spirits tax made by the Board out of the National Roads Fund before the passing of this Act which would have been lawful if the claims for refund had been made within the time prescribed in that behalf by the Transport Act 1949 are hereby validated and declared to have been lawfully made.

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National Roads Amendment Act 1956