The Parliamentary Counsel Office has made editorial and format changes to this version using the powers under subpart 2 of Part 3 of the Legislation Act 2019.

Note 4 at the end of this version provides a list of the amendments included in it.

This Act is administered by the Department of Internal Affairs.

	Title
1	Short Title and commencement
2	Auckland Harbour Board: authorising payments for surrendered leases
3	Featherston Borough Council: validation of informal rates
4	Greytown Borough Council: validation of excessive rate
5	Mount Albert City Council: validation of agreement to purchase land
6	Nelson Provincial Museum Trust Board: validation of amendment to agreement by contributing authorities
7	Northland Harbour Board: validation of illegal payment of retirement gratuity
8	North Shore Drainage Amendment Act 1983 amended
9	Patea Borough Council: validation of excessive rate
10	Wairoa Borough Council: authorising special agreement to supply water
11	Whakatane District Council: varying amount of rate [Repealed]
12	Whangarei City Council: removal of limitations on title
	Schedule Rates validated (expressed in cents in the dollar on the land value of all rateable property in the Borough of Featherston)
	Notes

An Act to confer powers on certain public bodies and to authorise and validate certain transactions and other matters

1 Short Title and commencement

(1)

This Act may be cited as the Local Legislation Act 1983.

(2)

Except as provided in section 8(3), this Act shall come into force on the day on which it receives the Governor-General’s assent.

2 Auckland Harbour Board: authorising payments for surrendered leases

(1)

In this section,—

the Board means the Auckland Harbour Board

the said land means the land described in subsection (5)

the said leases means the leases Nos 715502–1 and 715502–2 referred to in subsection (5).

(2)

The lessees under the said leases are hereby authorised and empowered to surrender them to the Board; and the Board is hereby authorised and empowered to pay to any lessee under either of the said leases, in respect of the surrender of that lease to it, any sum the Board thinks fit.

(3)

So soon as the said leases have both been surrendered in respect of any part of the said land, that part of the said land shall thereupon be freed from all trusts, reservations, and restrictions (not being trusts, reservations, or restrictions, applicable to all land vested in Harbour Boards) other than lease No 715502–3, and the party wall rights, referred to in subsection (5).

(4)

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

(5)

The said land comprises—

(a)

all that parcel of land situated in the City of Auckland containing approximately 260 m², being Lot 140, DP 626, and being part of the land comprised and described in certificate of title No 429/209 (North Auckland Registry), subject to leases Nos 715502–1, 715502–2, and 715502–3; and

(b)

all that parcel of land situated in the City of Auckland containing approximately 521 m², being Lots 141 and 142, DP 626, and being all the land comprised and described in certificate of title No 429/210 (North Auckland Registry), subject to party wall rights created by transfers Nos 39408 and 57094 and to leases Nos 715502–1, 715502–2, and 715502–3.

3 Featherston Borough Council: validation of informal rates

Notwithstanding that the rates described in the Schedule (hereafter in this section referred to as the said rates) may not have been lawfully made,—

(a)

the said rates are hereby validated, and deemed to have been lawfully resolved to be made and levied, in respect of the year that ended with 31 March 1982, on 23 July 1981:

(b)

all actions of the said Council in levying and collecting the said rates are hereby validated and deemed to have been lawful:

(c)

all money received by the said Council in payment of the said rates is hereby deemed 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 said Council is hereby deemed to be lawfully payable and capable of being collected as if it had always been lawfully payable.

4 Greytown Borough Council: validation of excessive rate

Notwithstanding that the special rate on the land value of all rateable property in the Borough of Greytown of 1.014164 cents in the dollar resolved to be made and levied in respect of the year that ended with 31 March 1982 by the Greytown Borough Council at a duly notified meeting held on 6 July 1981 was invalid by virtue of its exceeding the limit imposed by section 47(1) of the Local Authorities Loans Act 1956,—

(a)

the said rate is hereby validated and deemed to have been lawfully made:

(b)

all actions of the said Council in levying and collecting the said rate are hereby validated and deemed to have been lawful:

(c)

all money received by the said Council in payment of the said rate is hereby deemed 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 said Council is hereby deemed to be lawfully payable, and capable of being collected as if it had always been lawfully payable.

5 Mount Albert City Council: validation of agreement to purchase land

(1)

Notwithstanding that they were without the consent of the Minister of Local Government as required by section 228 of the Local Government Act 1974, the actions of the Mount Albert City Council in entering into an agreement, dated 1 April 1981, with Her Majesty the Queen under the Housing Act 1955, for the purchase of the land described in subsection (2) of this section are hereby validated and deemed to have been lawful; and that agreement is hereby validated and deemed to have been lawful; and the said Council is hereby authorised and empowered to pay the purchase price for that land, and interest on the balance of that price from time to time outstanding, from revenue by instalments as provided in that agreement.

(2)

The said land comprises all that parcel of land situated in the City of Mount Albert containing approximately 2.451 ha, being Lot 2, DP 92460, and being parts Allotments 52 and 53, Parish of Titirangi, and being all the land comprised and described in certificate of title No 48D/1306 (North Auckland Registry).

6 Nelson Provincial Museum Trust Board: validation of amendment to agreement by contributing authorities

(1)

The agreement dated 13 June 1983, a certified copy of which is recorded in the Department of Internal Affairs at Wellington on file 105/887, between the territorial authorities specified, immediately before the commencement of this section, in section 22(9) of the Local Legislation Act 1976 is hereby validated and deemed to have been lawfully made; and the actions of those authorities in entering into that agreement are hereby validated and deemed to have been lawful.

(2)

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

(3)

The Governor-General may by Order in Council, on the advice of the Minister of Local Government, repeal the following provisions:

(a)

section 22 of the Local Legislation Act 1976:

(b)

subsections (1) and (2).

(4)

The Minister of Local Government shall not advise the making of an Order in Council under subsection (3) unless he is satisfied that each of the territorial authorities specified in section 22(9) of the Local Legislation Act 1976 (as amended by subsection (2) of this section) or, as the case requires, its lawful successor, agrees that it should be made.

(5)

Upon the repeal of the provisions specified in subsection (3), the agreement specified in section 40 of the Local Legislation Act 1963 relating to the establishment of a museum for the Provincial District of Nelson, together with the amendments specified in section 22(1) of the Local Legislation Act 1976 and subsection (1) of this section, shall be deemed to have been abrogated.

(6)

Nothing in subsection (3) or subsection (5) shall affect the validity of anything validated by any provision specified in subsection (3).

(7)

An order under this section is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).

Legislation Act 2019 requirements for secondary legislation made under this section
Publication	PCO must publish it on the legislation website and notify it in the Gazette	LA19 s 69(1)(c)
Presentation	The Minister must present it to the House of Representatives	LA19 s 114, Sch 1 cl 32(1)(a)
Disallowance	It may be disallowed by the House of Representatives	LA19 ss 115, 116
This note is not part of the Act.

Section 6(7): inserted, on 28 October 2021, by section 3 of the Secondary Legislation Act 2021 (2021 No 7).

7 Northland Harbour Board: validation of illegal payment of retirement gratuity

Notwithstanding that the actions of the Northland Harbour Board in paying to Ronald Norman Griggs, during the year ending with 30 September 1983, a retirement gratuity of $7,559.25 were unlawful in that he had not been in the service of the said Board for 10 years, as required by section 6 of the Finance Act (No 2) 1941, those actions are hereby validated and deemed to have been lawful.

8 North Shore Drainage Amendment Act 1983 amended

(1), (2)

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

(3)

Subsections (1) and (2) shall be deemed to have come into force on 13 August 1983.

9 Patea Borough Council: validation of excessive rate

Notwithstanding that the general rate on the land value of all rateable property in the Borough of Patea of 7.78 cents per dollar resolved to be made and levied in respect of the year that ended with 31 March 1982 by the Patea Borough Council at a duly notified meeting held on 17 June 1981 was invalid by virtue of its exceeding the limit imposed by section 136 of the Local Government Act 1974,—

(a)

the said rate is hereby validated and deemed to have been lawfully made:

(b)

all actions of the said Council in levying and collecting the said rate are hereby validated and deemed to have been lawful:

(c)

all money received by the said Council in payment of the said rate is hereby deemed 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 said Council is hereby deemed to be lawfully payable, and capable of being collected as if it had always been lawfully payable.

10 Wairoa Borough Council: authorising special agreement to supply water

(1)

The Wairoa Borough Council is hereby authorised and empowered by deed to agree with Swift New Zealand Company Limited and Waitaki NZ Refrigerating Limited (each of which is a duly incorporated company having its registered office in Christchurch) that it will not, otherwise than in accordance with the terms of the deed concerned, reduce or discontinue the supply of water referred to in that deed; and, notwithstanding any enactment or bylaw to the contrary, but subject to subsection (2), to the extent that the said Council so agrees, that deed shall be binding upon the said Council according to its tenor.

(2)

Notwithstanding anything in subsection (1), or in any deed made under that subsection, the said Council may at any time reduce or discontinue the said supply—

(a)

in accordance with section 397 of the Local Government Act 1974; or

(b)

for so long as, and (subject to paragraph (d)) to the extent only that, any part of the Council’s waterworks (being a part used in, or affected by, the said supply) is about to fail, or is undergoing maintenance or repair, or is being replaced; or

(c)

for so long as, and (subject to paragraph (d)) to the extent only that, for any reason beyond its control, the said Council is unable to maintain the said supply; or

(d)

for so long as, and to the extent only that, in the opinion of the said Council, a drought, a flood, or some other emergency, makes it necessary to reduce or discontinue the said supply in order to ensure that the supply of water to other consumers supplied by the Council—

(i)

is not reduced below the quantity necessary for the preservation of public health; or

(ii)

is reduced as little as possible below that quantity.

11 Whakatane District Council: varying amount of rate

[Repealed]

Section 11: repealed, on 1 July 2003, by section 138(1) of the Local Government (Rating) Act 2002 (2002 No 6).

12 Whangarei City Council: removal of limitations on title

(1)

The land described in subsection (3) is hereby freed from all trusts, reservations, and restrictions, to which it was subject immediately before the commencement of this section (not being trusts, reservations, or restrictions, applicable to all land vested in City Councils).

(2)

The District Land Registrar of the Land Registration District of North Auckland shall do all things and make all such entries in his registers as may be necessary to give effect to subsection (1).

(3)

The said land comprises all that parcel of land situated in the City of Whangarei containing approximately 2 060 m², being Lots 3 and 4, DP 10925, and being all the land comprised and described in certificate of title No 1035/24 (North Auckland Registry).

Schedule Rates validated (expressed in cents in the dollar on the land value of all rateable property in the Borough of Featherston)

s 3

Group 1 (residential)			Group 2 (urban)
	Loans	2.1750		Loans	1.5225
	Works and services	.9844		Works and services	.6891
	General rate	5.0919		General rate	3.5643
		8.2513			5.7759
Group 3 (2 units)			Group 4 (3 units)
	Loans	2.8275		Loans	3.4800
	Works and services	1.2797		Works and services	1.5750
	General rate	6.6194		General rate	8.1470
		10.7266			13.2020
Group 5 (4 units)			Group 6 (5 units)
	Loans	4.1326		Loans	4.7851
	Works and services	1.8703		Works and services	2.1656
	General rate	9.6745		General rate	11.2021
		15.6774			18.1528
Group 7 (6 units)			Group 8 (7 units)
	Loans	5.4376		Loans	6.0901
	Works and services	2.4609		Works and services	2.7562
	General rate	12.7296		General rate	14.2572
		20.6281			23.1035
Group 9 (8 units)			Group 10 (9 units)
	Loans	6.7426		Loans	7.3851
	Works and services	3.0516		Works and services	3.3569
	General rate	15.7847		General rate	17.3123
		25.5789			28.0543
Group 11 (over 9 units)			Group 12 (commercial)
	Loans	8.0476		Loans	3.1623
	Works and services	3.6422		Works and services	1.4312
	General rate	18.8398		General rate	7.4032
		30.5296			11.9967

Notes

1 General

This is a consolidation of the Local Legislation Act 1983 that incorporates the amendments made to the legislation so that it shows the law as at its stated date.

2 Legal status

A consolidation is taken to correctly state, as at its stated date, the law enacted or made by the legislation consolidated and by the amendments. This presumption applies unless the contrary is shown.

Section 78 of the Legislation Act 2019 provides that this consolidation, published as an electronic version, is an official version. A printed version of legislation that is produced directly from this official electronic version is also an official version.

3 Editorial and format changes

The Parliamentary Counsel Office makes editorial and format changes to consolidations using the powers under subpart 2 of Part 3 of the Legislation Act 2019. See also PCO editorial conventions for consolidations.

4 Amendments incorporated in this consolidation

Secondary Legislation Act 2021 (2021 No 7): section 3

Local Government (Rating) Act 2002 (2002 No 6): section 138(1)

Local Legislation Act 1983