Local Legislation Act 1968

1: Short Title
This Act may be cited as the Local Legislation Act 1968. City and Borough Councils
2: Changing purpose of, and authorising sale or lease of, certain land vested in Corporation of Borough of Otahuhu
Whereas the land described in subsection (3) is vested in the Mayor, Councillors, and Citizens of the Borough of Otahuhu (in this section referred to as the Corporation And whereas the said land is not required for the purpose of a town hall: And whereas the Corporation has erected a senior citizens' centre on Lot 2, Deposited Plan 58902 and wishes to sell the other part of the land: Be it therefore enacted as follows:
1: The reservation for a town hall over the land described in subsection (3) is hereby cancelled and the land shall be vested in the Corporation for municipal purposes in respect of Lot 1, Deposited Plan 58902, and for the purposes of a senior citizens' centre in respect of Lot 2 on that plan; and the Corporation may sell, exchange, or lease Lot 1, Deposited Plan 58902 or any part of it and any building or buildings now or hereafter erected on it in accordance with Part 13 of the Municipal Corporations Act 1954.
2: The erection on Lot 2, Deposited Plan 58902 of a building used as a senior citizens' centre and the use of the building for that purpose are hereby validated and declared to have been lawful.
3: The land to which this section relates is described as follows: All that piece of land containing 1 rood 33.9 perches, more or less, situated in the Borough of Otahuhu, being Lots 1 and 2, Deposited Plan 58902, and being also part of the land comprised and described in certificate of title, Volume 854, folio 164, and all of the land comprised and described in certificate of title, Volume 697, folio 255, North Auckland Registry.
3: Validating refund by Waiuku Borough Council to District Fund Account from loan money
Whereas before the Waiuku Borough Council (in this section referred to as the Council loan And whereas when that authority had been obtained and the loan raised the Council refunded to its District Fund Account out of the proceeds of the loan the sum of $6,156.60 but had no authority to do so: And whereas it is desirable to validate the refund: Be it therefore enacted as follows: The action of the Council in refunding the sum of $6,156.60 to its District Fund Account out of the proceeds of the loan is hereby validated and declared to have been lawful.
4: Validating and authorising loan of certain funds by Dargaville Borough Council to Dargaville Milk Treatment Corporation Limited
Whereas the Dargaville Borough Council (in this section referred to as the Council Board And whereas the Council agreed with the Board that those funds would be held and reserved as additional capital for equipping a new milk treatment station at Dargaville: And whereas the Council has lent the sum of $5,900 for that purpose to the Dargaville Milk Treatment Corporation Limited (in this section referred to as the Corporation And whereas the Council desires to lend the remainder of the funds, together with interest earned on their investment, to the Corporation: And whereas the Council has no power to make such loans and it is desirable to validate and authorise them: Be it therefore enacted as follows:
1: The action of the Council in lending the sum of $5,900 to the Corporation is hereby validated and declared to have been lawful.
2: The Council is hereby authorised to lend to the Corporation the remainder of the sum paid to it by the Board, together with the interest earned thereon, for the purpose of equipping the milk treatment station of the Corporation for such term or terms and at such rate or rates of interest as the Council thinks fit.
5: Validating agreement between the Greytown Borough Council and Frederick Atkinson Hobson
Whereas the Mayor, Councillors, and Citizens of the Borough of Greytown (in this section referred to as the Corporation vendor And whereas the purchase price of $3,344 was, in terms of the agreement, to be paid by a deposit of $1,600 on 22 December 1966, by the payment of an instalment of $896 on 22 December 1967, and by the payment of a final instalment of $848 on 22 December 1968: And whereas the Corporation did not obtain the consent of the Minister of Internal Affairs to the method of payment for the land as required by section 165 of the Municipal Corporations Act 1954: And whereas doubts have arisen as to the validity of the agreement: And whereas it is desirable that the agreement and the actions of the Corporation in making the payments as aforesaid be validated: Be it therefore enacted as follows:
1: Notwithstanding anything in any Act or rule of law, the agreement (a copy of which is held by the Department of Internal Affairs on file 105/920) between the Corporation and the vendor whereby the Corporation is to purchase the land described in subsection (3) from the vendor is hereby validated and confirmed, and the Corporation shall be deemed to have at all times been authorised and empowered to enter into and execute the agreement which shall be binding on the parties thereto and shall for all purposes, without further authority than this section, be effective according to its tenor.
2: The actions of the Corporation in making the payments of $1,600 and $896 as aforesaid are hereby validated and declared to have been lawful.
3: The land to which this section relates is described as follows: All that piece of land in the Wellington Land District, situated in the Borough of Greytown, containing 1 rood 37.3 perches, more or less, being part Section 47, Town of Greytown, being Lot 2 on Deposited Plan 10303, and being also all the land comprised and described in certificate of title, Volume 474, folio 194, Wellington Land Registry.
6: Authorising expenditure of certain money by Cromwell Borough Council for purposes of a new civic chamber
Whereas the Cromwell Borough Council (in this section referred to as the Council And whereas the Council is required, under section 150 of the Municipal Corporations Act 1954, to expend that money in the purchase of other land to be held for the same purposes as the land sold: And whereas the Council wishes to provide new offices for itself in a memorial hall which the Council administers: And whereas it is desirable to authorise the Council to use part of the money in the Land Sales Account in providing the offices: Be it therefore enacted as follows: Notwithstanding anything to the contrary in section 150 of the Municipal Corporations Act 1954, the Council is hereby authorised and empowered to expend from its Land Sales Account, towards the provision of new offices for the Council, an amount not exceeding $3,200.
7: Declaring an area of land in the City of New Plymouth to be street
Whereas an area of land in the City of New Plymouth is zoned under the district planning scheme for residential use: And whereas the only means of access to the land from an existing street is that part of the land described in subsection (3) (in this section referred to as the proposed street And whereas the width of the proposed street is 33 ft: And whereas the New Plymouth City Council is of the opinion that the proposed street, notwithstanding its narrow width, is adequate for present and future traffic, and for the maintenance of water, sewerage, and other services, and desires that it be declared street: Be it therefore enacted as follows:
1: Notwithstanding anything to the contrary in the Municipal Corporations Act 1954 or in any other Act, the land described in subsection (3) is hereby declared to be a street vested in the Mayor, Councillors, and Citizens of the City of New Plymouth freed and discharged from all encumbrances, easements, and other restrictions affecting it immediately before the commencement of this Act.
2: The District Land Registrar for the Taranaki Land District is hereby authorised to make such entries in the register books and do all such other things as may be necessary to give effect to the provisions of this section.
3: The land to which this section relates is described as follows: All that piece of land in the Taranaki Land District, situated in the City of New Plymouth, containing 1 rood 19.4 perches, more or less, being part Lot 1 on Deposited Plan 390 and being Part Section E, New Plymouth Town Belt, and being also part of the land comprised and described in certificate of title, Volume 236, folio 4, Taranaki Land Registry, being more particularly defined and shown edged red on Survey Office Plan numbered 9983 lodged in the office of the Chief Surveyor at New Plymouth.
8: Validating refund by Otorohanga Borough Council to District Fund Account from loan money
Whereas, before the Otorohanga Borough Council (in this section referred to as the Council loan And whereas when that consent had been obtained and the loan raised the Council refunded to its District Fund Account out of the proceeds of the loan the sum of $8,000, but had no authority to do so: And whereas it is desirable to validate the refund: Be it therefore enacted as follows: The action of the Council in refunding the sum of $8,000 to its District Fund Account out of the proceeds of the loan is hereby validated and declared to have been lawful.
9: Validating rates made and levied by Napier City Council
Whereas on 22 May 1968 the Napier City Council (in this section referred to as the Council And whereas on 14 August 1968 the Council delivered to the occupiers of the land in respect of which the rates were made and levied rates assessments as provided by the Rating Act 1967: And whereas doubts have arisen as to the validity of the said rates assessments: Be it therefore enacted as follows:
1: The rates assessments delivered by the Council to the occupiers of the land in respect of rates made and levied by the Council as aforesaid are hereby validated and declared to have been lawfully delivered; and the said rates are hereby declared to have been lawfully made and levied.
2: The said rates are hereby declared to have become due and payable on 14 August 1968, and an additional charge of 10% will be added to all the said rates unpaid after 14 February 1969.
3: The date on or before which every ratepayer was entitled to be allowed a discount of 2.5% of so much of the amount of the said rates paid by him by such date pursuant to the Rating Act 1967 is hereby declared to have been 13 September 1968.
10: Authorising Wellington City Council to apply money held in its Mortgage Insurance Fund for the purpose of housing
Whereas the Wellington City Council (in this section referred to as the Council Act And whereas the credit balance in that fund is in excess of the Council's contingent liabilities pursuant to the Act: And whereas the money held in the fund may be lawfully applied only as an insurance to the Council against losses arising out of mortgages to which the provisions of sections 337 to 343 of the Act apply: And whereas it is desirable to authorise the Council to apply for housing purposes so much of the money held in the fund as from time to time exceeds the amount representing the Council's contingent liabilities as aforesaid: Be it therefore enacted as follows: Notwithstanding anything in section 345 of the Municipal Corporations Act 1954 or in any other Act or in any rule of law, the Council is hereby authorised to apply so much of the money held in its Mortgage Insurance Fund as from time to time exceeds the amount representing the Council's contingent liabilities pursuant to the said section 345 for the purpose of housing in terms of Part 24 of the Act. County Council
11: Validating refund by Whangarei County Council to County Fund Account from loan money
Whereas, before the Whangarei County Council (in this section referred to as the Council loan And whereas when that consent had been obtained and the loan raised the Council refunded to its County Fund Account out of the proceeds of the loan the sum of $15,289.94, but had no authority to do so: And whereas it is desirable to validate the refund: Be it therefore enacted as follows: The action of the Council in refunding the sum of $15,289.94 to its County Fund Account out of the proceeds of the loan is hereby validated and declared to have been lawful. Harbour Boards
12: Amending Nelson Harbour Board and Nelson City Empowering Act 1961
Amendment(s) incorporated in the Act(s)
13: Validating certain expenditure incurred by the Marlborough Harbour Board
The expenditure by the Marlborough Harbour Board during the financial year ended on 30 September 1967 of the sum of $443.57 in connection with the 1967 annual conference of the New Zealand Harbours Association is hereby validated and declared to have been lawfully incurred.
14: Amending Otago Harbour Board Empowering Act 1965 and validating refund by Otago Harbour Board to its Harbour Fund Account from loan money
Section 14 repealed 1 July 2003 section 266 Local Government Act 2002
15: Authorising refund by Lyttelton Harbour Board to Harbour Fund Account from loan money
Whereas the Lyttelton Harbour Board Loan and Empowering Act 1962 (in this section referred to as the Act Board section 33 And whereas the Board has expended out of its Harbour Fund Account the sum of $100,000 in carrying out certain portions of the works specified in the Schedule of the Act: And whereas the Board has since obtained authority to raise a loan of $300,000 known as the Inner Harbour Modernisation Loan (No 2) 1968 (in this section referred to as the loan And whereas it is desirable to authorise the Board to refund the said sum of $100,000 to its Harbour Fund Account out of the proceeds of the loan: Be it therefore enacted as follows: The Board is hereby authorised to refund the sum of $100,000 to its Harbour Fund Account out of the proceeds of the loan.
16: Authorising refund by Wellington Harbour Board to Harbour Fund Account from loan money
Whereas before the Wellington Harbour Board (in this section referred to as the Board Wellington Harbour Board Loan and Empowering Act 1967 Schedule 3 works And whereas authority to apply money and raise loans for the works has since been obtained and it is desirable to authorise the Board to refund the said sum so expended to its Harbour Fund Account out of the proceeds of the said money or loans: Be it therefore enacted as follows: The Board is hereby authorised to refund the sum of $147,000 to its Harbour Fund Account out of money authorised to be applied or loans raised for the purpose of the works.
17: Amending Wellington Harbour Board Loan and Empowering Act 1967
Amendment(s) incorporated in the Act
18: Extending area of reclamation in respect of which Wellington Harbour Board may borrow and expend money
Whereas by sections 4 7 Act Board item 2 And whereas the Act authorises the Board to expend in and towards the construction of the harbour work specified in item 3 And whereas the said harbour work includes the reclamation of an area of approximately 21 acres (being part of the 28 acres 1 rood 16.1 perches hereinbefore referred to): And whereas the Board has been authorised, pursuant to section 185 of the Harbours Act 1950, to reclaim from the Wellington Harbour a further area of land containing 6 acres and 8 perches, shown coloured red on plan MD 13109 deposited in the office of the Marine Department at Wellington, which land also forms part of the said harbour work: And whereas the total area of the reclamation required for the said harbour work is now 34 acres 1 rood 24.1 perches: And whereas authority to expend the said sum of $5,911,272 is restricted to the said area of approximately 21 acres and it is desirable to extend that authority to expend that money to the total area of 34 acres 1 rood 24.1 perches: Be it therefore enacted as follows: Notwithstanding anything to the contrary in the Act, the Board may expend the said sum of $5,911,272 or any part of that sum in and towards the reclamation of an area of 34 acres 1 rood 24.1 perches of land (being the area of land containing 28 acres 1 rood 16.1 perches comprised and described in item 2 Miscellaneous provisions
19: Validating and authorising the making and levying of general rate by Saddle Hill Pest Destruction Board and making provision with respect to representation on the Board
Whereas by Order in Council made on 20 May 1968 the district of the County of Peninsula was united with the district of the City of Dunedin to form 1 undivided borough under the name of the City of Dunedin (in this section referred to as the city And whereas before inclusion in the city, the district of the County of Peninsula was included in the pest destruction district of the Saddle Hill Pest Destruction Board (in this section referred to as the Board And whereas on 29 May 1968 the Board made a general rate (in this section referred to as the rate And whereas section 29 of the Agricultural Pests Destruction Act 1967 provides that any borough lying wholly or in part within any pest destruction district shall be deemed not to form part of that district: And whereas it is desirable that the rate be levied for the year ending on 31 March 1969 throughout the Board's district as it existed on the date the rate was made notwithstanding that the part of the city that was the County of Peninsula does not now form part of that district: And whereas it is also desirable to provide that the city be represented on the Board: Be it therefore enacted as follows:
1: Notwithstanding anything to the contrary in the Agricultural Pests Destruction Act 1967 or in any other Act, the Board shall be deemed to have been authorised to levy the rate made by the Board on 29 May 1968 for the year ending on 31 March 1969 on all rateable property within the district of the Board as that district existed on 29 May 1968, and all actions of the Board before the commencement of this section with respect to the making and levying of the rate are hereby validated and declared to have been lawful.
2: Notwithstanding anything to the contrary in the Agricultural Pests Destruction Act 1967 or in any other Act, the 2 members of the Board representing the Peninsula Ward of the pest destruction district for the term ending on 12 October 1968 shall remain members of the Board until 31 March 1969.
3: Notwithstanding anything to the contrary in the Agricultural Pests Destruction Act 1967, if in any financial year the Dunedin City Council consents to work being done by the Board in terms of subsection (2) of section 29 of the Agricultural Pests Destruction Act 1967, the Minister of Agriculture shall, on the nomination of the city Council, appoint a member to represent the Council on the Board. The member so appointed shall hold office during such period as the Board carries out work with the consent of the Council.
4: The member so appointed shall be a ratepayer in respect of land in the City of Dunedin which, immediately before 29 May 1968, formed part of the rateable property within the Board's district.
5: The member of the Board appointed under subsection (3) shall vacate office if he ceases to be a ratepayer in accordance with subsection (4), or if he would have vacated his office under the provisions of subsection (1) of section 48 of the Agricultural Pests Destruction Act 1967, other than paragraph (d) of that subsection, if he had been an elective member of the Board.
20: Authorising South Canterbury Catchment Board to raise a special loan
Whereas the South Canterbury Catchment Board (in this section referred to as the Board And whereas the Local Authorities Loans Board has no authority to sanction the raising of a loan for the purpose of enabling the Board to refund the said sum to its Loan Interest Account: And whereas it is desirable that the Board be authorised to raise a special loan of not more than $22,000 for the purpose of recouping its Loan Interest Account in respect of the sum expended from that account as aforesaid: Be it therefore enacted as follows: The Board is hereby authorised and empowered to borrow by way of special loan under the Local Authorities Loans Act 1956 an amount not exceeding $22,000 for the purpose of refunding to its Loan Interest Account the sum expended from that account as aforesaid and, notwithstanding anything in section 34 of that Act, the special loan may be raised without the prior consent of the ratepayers.
21: Validating refund by Waipawa Hospital Board to General Account from loan money
Whereas, before the Waipawa Hospital Board (in this section referred to as the Board loan And whereas when that authority had been obtained and the loan raised the Board refunded to its General Account out of the proceeds of the loan the sum of $6,622.23 but had no authority to do so: And whereas it is desirable to validate the refund: Be it therefore enacted as follows: The action of the Board in refunding the sum of $6,622.23 to its General Account out of the proceeds of the loan is hereby validated and declared to have been lawful.
22: Validating refund by Waitomo Electric Power Board to Power Fund Account from loan money
Whereas, before the Waitomo Electric Power Board (in this section referred to as the Board loan And whereas when that authority had been obtained and the loan raised the Board refunded to its Power Fund Account out of the proceeds of the loan the sum of $8,000 but had no authority to do so: And whereas it is desirable to validate the refund: Be it therefore enacted as follows: The action of the Board in refunding the sum of $8,000 to its Power Fund Account out of the proceeds of the loan is hereby validated and declared to have been lawful.
23: Validating payment by Hutt Valley and Bays Fire Board to Garry Edward Williams and Maurice Edward Reynolds
Whereas Garry Edward Williams and Maurice Edward Reynolds, formerly firemen employed by Hutt Valley and Bays Fire Board, being a Board duly constituted under the Fire Services Act 1949 (in this section referred to as the Board And whereas Garry Edward Williams and Maurice Edward Reynolds brought actions at common law against the Board to recover damages in respect of the injuries so sustained: And whereas those actions were unsuccessful but the Board nevertheless resolved to pay to Garry Edward Williams the sum of $3,330.80 and to Maurice Edward Reynolds the sum of $738.50 as voluntary payments with a denial of liability: And whereas the Board had no authority to make such payments and it is expedient that the payments made be validated: Be it therefore enacted as follows: The payments made by the Board to Garry Edward Williams of the sum of $3,330.80 and to Maurice Edward Reynolds of the sum of $738.50 in respect of injuries sustained by them during the course of their employment by the Board are hereby validated and declared to have been lawfully made.
24: Authorising refund by Wairoa Electric Power Board to Power Fund Account from loan money
Whereas before the Wairoa Electric Power Board (in this section referred to as the Board loan And whereas authority to raise the loan has since been obtained and it is desirable to authorise the Board to refund the said sum so expended to its Power Fund Account out of the proceeds of the loan: Be it therefore enacted as follows: The Board is hereby authorised to refund the sum of $24,075 to its Power Fund Account out of the proceeds of the loan.
25: Validating notice given under Kaituna River District Amendment Act 1961
Whereas by subsection (2) of section 5 of the Kaituna River District Amendment Act 1961 (in this section referred to as the Act Board And whereas notice was not given within the period of 14 days specified by the Act: And whereas doubts have arisen as to the effect of the delay in giving notice and it is desirable that these doubts be removed: Be it therefore enacted as follows:
1: The Board shall be deemed to have given public notice in accordance with subsection (2) of section 5 of the Act within the period of 14 days specified in that subsection; and the said classifications are hereby confirmed and validated and declared to be in full force and effect.
2: This section shall not affect any proceedings commenced in any court before the passing of this section; and for the purposes of any such proceedings this section shall be deemed not to have been passed.
26: Validating payment by Wanganui Pest Destruction Board of an honorarium
Whereas by section 31 Board And whereas the Board did not pay that amount until 20 July 1966: And whereas the Board also paid, during the financial year ended with 31 March 1967, the sum of $150 by way of honorarium to the Chairman of the Supply Committee but had no authority to do so: Be it therefore enacted as follows: The payments by the Board to the Chairman of the Supply Committee of an honorarium of $200 on 20 July 1966, and of $150 on 18 November 1966, are hereby validated and declared to have been lawfully made.
27: Amending section 32 of the Local Legislation Act 1965
Amendment(s) incorporated in the Act