Local Legislation Act 1974

1: Short Title
This Act may be cited as the Local Legislation Act 1974. City, borough, and county councils
2: Authorising the Alexandra Borough Council to guarantee a loan
Whereas the Alexandra Borough Council (in this section referred to as the Council employee And whereas section 338 of the Municipal Corporations Act 1954 Be it therefore enacted as follows:
1: Subject to subsection (2), the Council is hereby authorised and empowered to guarantee a portion of a loan made by a financial institution to the employee upon the security of a first mortgage of an existing house.
2: The provisions of section 338 of the Municipal Corporations Act 1954
3: Amending section 32 of the Local Legislation Act 1959
Whereas section 32 said section Corporation And whereas that area of approximately 2 acres, when defined by survey, was to be declared by the Corporation an endowment in aid of the funds of the Southland Museum Trust Board and was so defined and declared: And whereas the endowment is no longer required: Be it therefore enacted as follows:
1: The endowment declared by the Corporation in aid of the funds of the Southland Museum Trust Board is hereby revoked.
(2), (3): Amendment(s) incorporated in the Act(s)
4: Authorising Blenheim Borough Council to raise a special loan
Whereas the Blenheim Borough Council (in this section referred to as the Council And whereas the amount of that loan was insufficient to enable the completion of that work: And whereas the Council has expended the sum of $17,938 out of its general revenues to complete the work: And whereas the Local Authorities Loans Board declined the Council's application to raise a special loan to refund to its general revenues the sum so expended from them: Be it therefore enacted as follows: The Council is hereby authorised and empowered to borrow by way of special loan under the Local Authorities Loans Act 1956
5: Authorising Blenheim Borough Council to graze cattle
Whereas the Blenheim Borough Council (in this section referred to as the Council And whereas it is desirable to authorise the Council to graze cattle on that land: And whereas the Council has no authority to purchase, sell, or otherwise deal with cattle: Be it therefore enacted as follows:
1: The Council is hereby authorised and empowered to graze cattle on the land described in subsection (3) and for that purpose shall have power to incur expenditure, to purchase cattle, and sell any such cattle and the produce thereof.
2: All transactions relating to the grazing of cattle and to any dealings in respect of them, and any transactions in respect of the land necessary for the purposes of this section, shall be recorded by the Council in a miscellaneous separate activity account.
3: The land to which this section relates is described as follows: All that parcel of land containing 373.9295 hectares, more or less, situated in the Land District of Marlborough, being Section 15, Block III, Taylor Pass Survey District, and being all the land comprised in leasehold certificate of title, Volume 50, folio 157, Marlborough Land Registry, and as shown on SO Plan 1166.
6: Varying date on which farmland roll of Waitemata City Council comes into force
Whereas the Borough of Waitemata was constituted by Order in Council dated 22 July 1974 as published in the Gazette And whereas clause 21(i) of the Order in Council provides that the constitution of the said borough shall be deemed to have come into effect for all accounting, rating, and other financial purposes as from and including 1 April 1974: And whereas the said borough was proclaimed to be a city by proclamation published in the same Gazette And whereas following that proclamation application was made to the Waitemata City Council (in this section referred to as the Council And whereas any such roll would, under section 133 of the Rating Act 1967 And whereas it is desirable that the farmland roll come into force on 1 April 1974: Be it therefore enacted as follows:
1: Notwithstanding section 133 of the Rating Act 1967
2: The Council is hereby authorised and empowered to refund to the persons entitled any rates found to be overpaid as a consequence of subsection (1).
7: Authorising the Taumarunui Borough Corporation to lease certain land for the purposes of a sale yard
Whereas the mayor, councillors, and citizens of the Borough of Taumarunui (in this section referred to as the Corporation And whereas by memorandum of lease dated 15 March 1961 registered in the South Auckland Land Registry under No 208753 the Corporation leased the land to the members of the King Country Stock and Station Agents Association, namely Wright Stephenson & Co. Limited, Dalgety and New Zealand Loan Limited, New Zealand Loan and Mercantile Agency Company Limited, and Newton King Limited, as tenants in common in equal shares, as sale yards for the sole purpose of conducting sales by auction of livestock or of such other things as are usually sold in sale yards: And whereas the term of the said memorandum of lease is 20 years computed from 1 January 1961: And whereas the Corporation and the lessees desire to improve the facilities at the sale yards and the lessees desire a longer term than the unexpired residue of the present term: And whereas the Corporation has no authority to grant a new lease for such a term: Be it therefore enacted as follows:
1: The Corporation is hereby authorised to accept a surrender of the said memorandum of lease, and to grant to such members as from time to time may constitute the King Country Stock and Station Agents Association a new lease for a period of 20 years with a right of renewal for 20 years and upon such other terms as in its absolute discretion it thinks proper.
2: The land to which this section relates is described as follows: All that parcel of land containing 8.6162 hectares, more or less, being Lot 1 on DP S 10580 and part of the land on DP 21131, and being part Block XVIII, Taumarunui Maori Township, situated in Block I, Piopiotea Survey District, and being all the land comprised and described in certificate of title, Volume 600, folio 286, South Auckland Land Registry.
8: Varying date on which farmland rolls of Hutt County Council come into force
Whereas during the financial year commencing with 1 April 1973 applications were made to the Hutt County Council (in this section referred to as the Council And whereas any such rolls would, under section 133 of the Rating Act 1967 And whereas it is desirable that the farmland rolls come into force on 1 April 1973: Be it therefore enacted as follows:
1: Notwithstanding section 133 of the Rating Act 1967
2: The Council is hereby authorised and empowered to refund to the persons entitled any rates found to be overpaid as a consequence of subsection (1).
9: Authorising Wairoa Borough Corporation and Wairoa County Corporation to extend cemetery within Wairoa Borough
Whereas by Order in Council made on 17 April 1914, and published in the Gazette Borough Corporation And whereas the Borough Corporation, and the chairman, councillors, and citizens of the County of Wairoa (in this section referred to as the County Corporation And whereas no other site outside the boundary of the said Borough is suitable and available: Be it therefore enacted as follows:
1: Notwithstanding section 4(4) Town and Country Planning Act 1953 section 165 of the Municipal Corporations Act 1954 section 185 of the Counties Act 1956
2: The land to which this section relates is described as follows: All that parcel of land containing 4.0469 hectares, more or less, being Lot 60 and part Lot 59, Deeds Plan 577, and being part of the land described in certificate of title, Volume No A3, folio 436, Hawke's Bay Land Registry.
10: Authorising Wellington City Council to use Electricity Renewal Fund for capital works, and providing for the suspension of appropriations to that fund
Whereas the Wellington City Renewal Fund Commissioners (in this section referred to as the Commissioners section 8 of the Wellington City Trading Departments' Reserve and Renewal Funds Act 1917 Act Council section 3 of the Act And whereas it is desirable that part of the Electricity Renewal Fund be used by the Council in extending the capital works of that undertaking: And whereas section 3 of the Act section 3(a) section 4 of the Wellington City Empowering and Amendment Act 1943 And whereas it is desirable that the Council suspend such annual appropriation: Be it therefore enacted as follows:
1: Notwithstanding anything to the contrary in section 8 or section 9(2) of the Act section 3 of the Act
2: Subsection (1) shall apply with respect to sums in excess of $1,000,000 in the Electricity Renewal Fund within the period of 5 financial years commencing with 1 April 1974 and ending with 31 March 1979.
3: It shall not be necessary for the Council in respect of all or any of the financial years within the period commencing on 1 April 1974 and ending on 31 March 1979 to charge the annual appropriations in respect of the electric-light and power-supply undertaking prescribed by section 3 of the Act Miscellaneous provisions
11: Authorising the Auckland Regional Authority to advance money or make an
ex gratia Whereas on 11 April 1974 a bus owned and operated by the Auckland Regional Authority (in this section referred to as the Authority And whereas the estimated cost of repairing the damage is $6,000: And whereas Doris Evelyn Cadness is unable to meet the said cost: And whereas the Authority is desirous of making good the damage but has no authority to do so: Be it therefore enacted as follows: For the purpose of meeting the cost of repairs to the property of Doris Evelyn Cadness the Authority is hereby authorised and empowered to make advances of money on such terms and conditions as it thinks fit, or to make an ex gratia provided that the total amount of any such advances or payments or combination of them shall not exceed $6,000.
12: Validating certain payments made by the Tekapo Pest Destruction Board towards a superannuation scheme provided by the Australian Mutual Provident Society
Whereas between 30 September 1972 and 30 November 1973 the Tekapo Pest Destruction Board (in this section referred to as the Board And whereas the policy was provided by the Australian Mutual Provident Society (hereinafter referred to as the Society And whereas the scheme was not established as a superannuation scheme under section 25 And whereas the Board has ceased to participate in the said scheme: And whereas it is desirable that the payments made by the Board be validated: Be it therefore enacted as follows: The payments amounting to $155.55 made by the Board between 30 September 1972 and 30 November 1973 as a contribution towards a life insurance policy scheme provided by the Society for an employee of the Board are hereby validated.
13: Validating a deed made between the Nelson City Corporation, the Nelson School of Music Trust Board, and the Nelson Provincial Arts Council
Whereas for the purpose of making future provision for the School of Music established in the City of Nelson and for the control of certain property associated therewith, the mayor, councillors, and citizens of the City of Nelson (in this section referred to as the Corporation Board deed And whereas the deed provides, inter alia, for the Corporation to transfer to the Board the land described in subsection (2) without consideration: And whereas doubts have arisen as to the authority of the Corporation to execute and be bound by the deed or to effect such a transfer: Be it therefore enacted as follows:
1: Notwithstanding anything to the contrary in the Municipal Corporations Act 1954
2: The land to which this section relates is described as follows: First, all that parcel of land situated in the City of Nelson conveyed by deed of conveyance No 33760, being part of Section 488, City of Nelson, together with a right of way over the strip of land coloured pink on the plan endorsed on the certificate of title, and being all the land comprised in certificate of title, Volume 52, folio 277, Nelson Land Registry, limited as to parcels. Secondly, all that parcel of land situated in the City of Nelson containing 657.61 square metres, more or less, being part of Section 488, City of Nelson, together with a right of way over the strip of land coloured pink on the plan endorsed on the certificate of title, and being all the land comprised and described in certificate of title, Volume 13, folio 188, Nelson Land Registry, subject to a right of way over the part coloured yellow on the said plan. Thirdly, all that parcel of land situated in the City of Nelson conveyed by deed of conveyance No 46392, being part of Section 488, City of Nelson, together with a right of way over the strip of land coloured pink on the plan endorsed on the certificate of title, and being all the land comprised in certificate of title, Volume 52, folio 275, Nelson Land Registry, limited as to parcels.
14: Validating certain actions of the Nelson Raspberry Marketing Committee
Whereas the Nelson Raspberry Marketing Regulations 1940 regulations Committee 0.25 cents And whereas the levy actually deducted by the Committee was 0.575 cents per pound of raspberries during the year ended with 31 March 1972, 0.325 cents per pound during the year ended with 31 March 1973, and 0.55 cents per pound during the year ended with 31 March 1974: And whereas the regulations also provide that a contribution of not more than $50 a year may be made by the Committee to the Central Council of Raspberry Growers: And whereas the contribution actually made by the Committee was $60 in the year ended with 31 March 1971, and $80 in each of the 3 succeeding years: And whereas in each year after the year ended with 31 March 1969 until and including the year ended with 31 March 1974 the Committee had paid to its chairman and members honoraria, fees, and allowances in excess of the amounts approved by the Minister of Finance for those purposes, such excess payments totalling approximately $800: And whereas the Committee had incurred an overdraft with its bankers without authority, which overdraft amounted to $24,505.92 as at 31 March 1972: Be it therefore enacted as follows: Notwithstanding anything in the regulations or in any approval of the Minister of Finance relating to the payment of honoraria, fees, and allowances, the actions of the Committee in—
a: deducting more by way of levy than the amount authorised by the regulations during each of the years ended with 31 March in 1972 to 1974:
b: contributing more to the Central Council of Raspberry Growers than the amount authorised by the regulations during each of the years ended with 31 March in 1970 to 1974:
c: paying approximately $800 more by way of honoraria, fees, and allowances to its chairman and members than the amounts approved by the Minister of Finance for those purposes during the years ended with 31 March in 1970 to 1974:
d: incurring an overdraft of $24,505.92 as at 31 March 1972 without authority— are hereby validated and declared to have been lawful.
15: Authorising Otago Harbour Board to transfer certain land to Dunedin City Corporation
Whereas the land described in subsections (4) and (5) is vested in the Otago Harbour Board (in this section referred to as the Board And whereas the mayor, councillors, and citizens of the City of Dunedin (in this section referred to as the Corporation And whereas the Board has agreed to accept $150 as consideration for the land described in subsection (4) and $250 for the land described in subsection (5), but has no authority to transfer the land: Be it therefore enacted as follows:
1: Notwithstanding anything to the contrary in any enactment or rule of law, the Board is hereby authorised and empowered to transfer the land described in subsection (4) to the Corporation as an estate in fee simple for the purposes of a public road or street, and to transfer the land described in subsection (5) to the Corporation as an estate in fee simple for the purposes of a site for a drainage treatment plant, and to accept as consideration for the said transfers the sums of $150 and $250 respectively.
2: Each parcel of land shall be deemed to be freed from all other trusts, reservations, or restrictions affecting it as at the date of its transfer.
3: The consideration received by the Board shall be paid into its Harbour Account, and shall form part of the general funds of the Board.
4: The land to be transferred for the purposes of a public road or street is described as follows: All that parcel of land containing 1 707 square metres, more or less, situated in the City of Dunedin, being part of the Harbour Board Endowment in the vicinity of Sections 7 and 8, Block VII, Portobello Survey District, and being all the land comprised and described in certificate of title No 5A/823, Otago Land Registry (SO Plan 17133).
5: The land to be transferred as a site for a drainage treatment station is described as follows: All that parcel of land containing 860 square metres, more or less, situated in the City of Dunedin, being Section 49, Upper Harbour West Survey District, being part of the Otago Harbour coloured blue on SO Plan 17948, and being all the land comprised and described in certificate of title No 5D/1065, Otago Land Registry.
16: Changing name of Christchurch Regional Planning Authority to Canterbury Regional Planning Authority, and extending area covered by regional scheme
Whereas by notice dated 1 June 1955 and published in the Gazette And whereas that area was extended and the region redefined by notice dated 24 February 1956 and published in the Gazette And whereas by notice dated 28 October 1958 and published in the Gazette And whereas representatives of all those councils constitute the Christchurch Regional Planning Authority: And whereas it is desirable to extend the area to be dealt with by that authority, to redefine its region, and to change its name: Be it therefore enacted as follows:
1: Except as provided in subsection (7), this section shall be deemed to have come into force on 1 September 1974.
2: The name of the Christchurch Regional Planning Authority is hereby changed to the Canterbury Regional Planning Authority (in this section referred to as the Authority
3: Any objections and appeals made, actions taken, and things done in the name of the Canterbury Regional Planning Authority between 1 April 1974 and the coming into force of this section shall be deemed to have been made, taken, or done in the name of the Christchurch Regional Planning Authority.
4: For the purposes of the Town and Country Planning Act 1953
a: the Christchurch City Council is hereby declared to be the principal council of the Authority:
b: the area to be dealt with in the regional planning scheme of the Authority is hereby extended to include the areas within the jurisdiction of the councils named in subsection (8):
c: the area comprising the region of the Authority is hereby defined as being the whole of the area within the respective jurisdictions of the councils named in subsection (9).
5: For the purposes of the Town and Country Planning Act 1953 section 7 or section 14 of that Act
6: The notice dated 19 February 1974 purporting to constitute the Canterbury Regional Planning Authority and published in the Gazette
7: Subsection (6) shall be deemed to have come into force on 1 April 1974.
8: The names of those councils whose area of jurisdiction is included by subsection 4(b) Rangiora County Council Rangiora Borough Council Mt Herbert County Council Lyttelton Borough Council Wairewa County Council Ellesmere County Council. Akaroa County Council Malvern County Council Oxford County Council
9: The names of those councils whose area of jurisdiction comprise the region of the Authority are as follows: Christchurch City Council Wairewa County Council Waimairi County Council Akaroa County Council Riccarton Borough Council Malvern County Council Paparua County Council Oxford County Council Heathcote County Council Rangiora Borough Council Kaiapoi Borough Council Lyttelton Borough Council Eyre County Council Ellesmere County Council. Rangiora County Council Mt Herbert County Council
17: Providing for the apportionment of levies made by the Auckland Regional Authority between the wards of the City of Takapuna
Whereas by Order in Council made on 22 July 1974 and published in the Gazette Order And whereas clause 6 of the Order provides, inter alia, that for a period of 10 years from 1 August 1974 the levies charged and assessed by the Auckland Regional Authority (in this section referred to as the Authority Auckland Regional Authority Act 1963 Act And whereas it is desirable to give effect to that provision: Be it therefore enacted as follows:
1: This section shall be deemed to have come into force on 1 August 1974, and shall apply to all assessments made by the Authority pursuant to the Act upon the mayor, councillors, and citizens of the City of Takapuna (in this section referred to as the Corporation
2: The assessments to which this section applies shall be made, by and at the discretion of the Authority, either—
a: by dividing the assessments into 3 groups as if each of the wards of Takapuna, Glenfield, and Albany was a contributing local authority as defined in section 2
b: by not dividing the assessments, but by giving the Corporation sufficient information with the assessments as to enable the Corporation to make the same division as is referred to in paragraph (a).
3: Notwithstanding subsection (2), all assessments upon the Corporation shall, for all the purposes of the Act, be assessments charged against the Corporation and shall be subject to appeal and be payable by, and recoverable from, the Corporation.
4: Where for the purposes of this section it is necessary to ascertain or calculate the rateable capital value or population of any ward of the City of Takapuna, such value or population shall, upon receipt of a written request from the Authority, be ascertained or calculated by the Valuer-General or, as the case may require, the Government Statistician, as at a date or dates as near as reasonably practicable to the date of the receipt of the request.
5: The Corporation shall not exercise the power conferred by section 66(b)