Local Legislation Act 1961

1: Short Title
This Act may be cited as the Local Legislation Act 1961. County councils
2: Validating certain expenditure by Oxford County Council
The expenditure by the Oxford County Council during the financial year ended on 31 March 1960 of the sum of 150 pounds out of its General Account in payment of a gratuitous donation to Annie Elizabeth Fox, of Oxford, in appreciation of her services as County Clerk over a period of years is hereby validated and declared to have been lawfully incurred.
3: Authorising Opotiki County Council to apply certain trust money towards a District Public Library in the Borough of Opotiki
Whereas the Opotiki County Council (in this section referred to as the Council And whereas this fund has not been used since 1942: And whereas the said money comprises also the balance of a sum of 1,000 pounds contributed to this fund by the Opotiki Borough Council pursuant to the provisions of section 15 And whereas the Council desires to apply the said money towards the cost of establishing and maintaining a District Public Library in the Borough of Opotiki: Be it therefore enacted as follows:
1: The existing trust for which the said money is held by the Council is hereby discharged and the Council is hereby authorised to apply the said money towards the cost of establishing and maintaining a District Public Library in the Borough of Opotiki.
2: Section 15
4: Validating refund to County Fund Account from loan money by Vincent County Council
Whereas, before the Vincent County 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 County Fund Account out of the proceeds of the loan the sum of 2,831 pounds 3 shillings: And whereas the Council had no authority to make such a refund and it is desirable to validate the same: Be it therefore enacted as follows: The action of the Council in refunding the sum of 2,831 pounds 3 shillings to its County Fund Account out of the proceeds of the loan is hereby validated and declared to have been lawful.
5: Validating variation of terms of raising certain loan money by Raglan County Council
Whereas on 22 March 1956 the Local Government Loans Board sanctioned the raising by the Raglan County Council (in this section referred to as the Council highways loan plant loan And whereas in each case one of those conditions was that no money should be borrowed after the expiration of 2 years from the date of the Order in Council consenting to the raising of the loan: And whereas by Order in Council made on 18 November 1957 consent was given to the raising of the sum of 20,000 pounds as part of the highways loan: And whereas at dates subsequent to the expiration of the said period of 2 years the Council raised the sums of 300 pounds and 400 pounds as portions of that part of the highways loan: And whereas by Order in Council made on 15 August 1956 consent was given to the raising of the plant loan: And whereas at dates subsequent to the expiration of the said period of 2 years the Council raised the sum of 490 pounds as portion of the plant loan: And whereas it is expedient that the action of the Council in raising the said portions of the loans should be validated: Be it therefore enacted as follows: The action of the Council in raising the said portions of the highways loan and the plant loan after the expiration of the period specified in each case by the Local Government Loans Board is hereby validated, and the said sums shall be deemed to have been lawfully borrowed, and the stock issued in respect thereof shall be deemed to have been lawfully issued and shall have full force and effect according to its tenor.
6: Provision with respect to compensation money held in trust by Manukau County Council
Whereas the Corporation of the County of Manukau (in this section referred to as the Corporation And whereas the said land was vested in the Corporation (as successor to the Corporation of the Mangere Road District) subject to certain trusts contained in a conveyance dated 22 February 1897 and registered under No 137568 in the Land Registry Office at Auckland: And whereas to the extent to which the said trusts were operative at the date of the said Proclamation the said land was to be used as a site for a hall for the accommodation of all persons residing in the former Mangere Road District: And whereas the Corporation is desirous of applying the said compensation money in and towards the erection of a public hall at Mangere Central on a site which is to be transferred to the Corporation under section 14 hall site Be it therefore enacted as follows: Notwithstanding anything to the contrary in the said trusts or in any Act or rule of law, the Corporation is hereby empowered to expend and apply the whole of the said compensation money and any accretions or additions thereto in and towards the development and improvement of the hall site and the erection of a public hall thereon.
7: Extending Tokoroa special rating area in County of Matamata
Section 7 repealed 27 November 1970 section 17(3) Local Legislation Act 1970
8: Validating variation of terms of raising certain loan money by Otorohanga County Council
Whereas by Order in Council made on 15 June 1960 consent was given to the raising by the Otorohanga County Council (in this section referred to as the Council loan And whereas one of the conditions determined by the Local Authorities Loans Board in respect of the loan was that the loan together with interest thereon, should be repaid by equal aggregate annual or half-yearly instalments: And whereas the Council raised the sum of 14,000 pounds as part of the loan and established a sinking fund to provide for the repayment thereof: And whereas it is desirable to validate the action of the Council in raising the sum of 14,000 pounds otherwise than in accordance with the conditions determined by the Local Authorities Loans Board: Be it therefore enacted as follows: The action of the Council in raising the sum of 14,000 pounds as part of the loan, otherwise than in accordance with the conditions determined by the Local Authorities Loans Board, is hereby validated and the said sum shall be deemed to have been lawfully borrowed and all stock issued in respect thereof shall be deemed to have been lawfully issued and shall have full force and effect according to its tenor, and in respect of that part of the loan the Council is hereby authorised and directed to continue and maintain payments to the sinking fund during the currency of the said stock at a rate of not less than 5 pounds 1 shilling and 9 pence per cent per annum.
9: Provision with respect to dissolution of Waituna Hall Company Limited
Whereas the Waituna Hall Company Limited (in this section referred to as the Company Corporation And whereas the Corporation has agreed to accept the transfer to it of the assets of the Company and to hold the hall for the benefit of the community of Waituna and surrounding districts and to apply the other assets of the Company for the general purposes of the hall, and to pay all liabilities of the Company, including the costs of its liquidation: And whereas the Company has no authority to make such a transfer and the Corporation has no authority to pay the liabilities of the Company: And whereas it is desirable to authorise the transfer of the said assets of the Company to the Corporation as aforesaid and the payment by the Corporation of the liabilities of the Company: Be it therefore enacted as follows:
1: The Company is hereby authorised to transfer to the Corporation without consideration other than the assumption by the Corporation of responsibility for paying the liabilities of the Company, including the costs of the liquidation of the Company, the land described in subsection (5) together with the buildings erected thereon, and all other assets of the Company of any kind whatsoever.
2: The said land shall be held by the Corporation as a site for a public hall for the benefit of the community of Waituna and surrounding districts, and all other assets of the Company transferred to the Corporation pursuant to subsection (1) shall be held by the Corporation for the general purposes of the hall for the time being erected on the said land.
3: The Corporation is hereby authorised to pay all liabilities of the Company including the costs of its liquidation, and shall indemnify and keep indemnified the Company and the directors thereof against all claims whatsoever against the Company that may arise at any time after the transfer of the assets of the Company to the Corporation pursuant to subsection (1).
4: The District Land Registrar for the Land Registration District of Wellington is hereby authorised and directed to accept such documents for registration, to make such entries in the register books, and to do all such other things as may be necessary to give effect to this section.
5: The land to which this section relates is particularly described as follows: All that piece of land in the Wellington Land District containing twenty-one and one-tenth perches, more or less, being part Section 20, West Waitapu Village, and being all the land comprised and described in certificate of title, Volume 214, folio 54, Wellington Registry.
10: Authorising Clutha County Council to make a uniform annual charge for fire protection purposes
Section 10 expired 31 March 1966 section 10(5) City, borough, and town councils
11: Validating variation of terms of raising certain loan money by Glen Eden Borough Council
Whereas by Order in Council made on 5 May 1958 consent was given to the borrowing by the Glen Eden Borough Council (in this section referred to as the Council loan And whereas one of the conditions determined by the Local Government Loans Board in respect of the loan was that no part of the loan should bear interest at a rate exceeding four and seven-eighths per cent per annum: And whereas the Council borrowed a sum of 1,000 pounds as part of the loan on terms providing for the payment of interest at a rate of 5% per annum: And whereas it is desirable that the action of the Council be validated: Be it therefore enacted as follows: The action of the Council in raising the said sum of 1,000 pounds as part of the loan, otherwise than in accordance with the conditions determined by the Local Government Loans Board, is hereby validated and the said sum of 1,000 pounds shall be deemed to have been lawfully borrowed and all debentures and stock issued in respect thereof shall be deemed to have been lawfully executed and issued and shall have full force and effect according to their tenor.
12: Validating refund to District Fund Account from loan money by Henderson Borough Council
Whereas, before the Henderson 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 the proceeds of the loan: And whereas the Council had no authority to make such a refund and it is desirable to validate the same: Be it therefore enacted as follows: The action of the Council in refunding to its District Fund Account the proceeds of the loan is hereby validated and declared to have been lawful.
13: Provision with respect to expenditure by Cromwell Borough Council on centennial celebrations
1: The Cromwell Borough Council (in this section referred to as the Council Fund
2: The money in the Fund shall be expended by the Council for the purpose of celebrating in 1966 the centennial of the founding of the Borough of Cromwell, and any sum remaining in the Fund after all expenses lawfully incurred in connection with the said centennial have been met shall be transferred to the District Fund Account of the Council to the credit of the General Account.
14: Provision with respect to agreements made by Hastings City Council as to sewerage
Whereas the Hastings City Council has, with the consent of the Hawke's Bay County Council, under the authority of section 223 of the Municipal Corporations Act 1954 said works And whereas it is expedient that the Hastings City Council should not be at liberty to disconnect either of the said works during the said term except in accordance with the express provisions of the said agreements: Be it therefore enacted as follows: Notwithstanding the provisions of subsection (2) of section 223 of the Municipal Corporations Act 1954
15: Authorising Dargaville Borough Council to raise special loan
Whereas by Order in Council made on 25 February 1958 consent was given to the raising by the Dargaville Borough Council (in this section referred to as the Council And whereas, after expending the amount of the said loan, the Council expended out of its General Account the sum of 1,500 pounds in completion of the Memorial Town Hall: And whereas the Local Authorities Loans Board has no authority to sanction the raising of a loan for the purpose of enabling the Council to refund the said sum of 1,500 pounds to its General Account: And whereas it is desirable to authorise the Council to raise a special loan of 1,500 pounds for the purpose of recouping its General Account in respect of the sum expended from that account as aforesaid: 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
16: Authorising Tuakau Borough Council to raise special loan
Whereas by Order in Council made on 6 October 1958 consent was given to the raising by the Tuakau Borough Council (in this section referred to as the Council And whereas, after expending the amount of the said loan, the Council expended out of its District Fund Account the sum of 3,000 pounds towards the completion of the sewerage works: And whereas the Local Authorities Loans Board has no authority to sanction the raising of a loan for the purpose of enabling the Council to refund the said sum of 3,000 pounds to its District Fund Account: And whereas it is desirable to authorise the Council to raise a special loan of 3,000 pounds for the purpose of recouping its District Fund Account in respect of the sum expended from that account as aforesaid: 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
17: Validating deed of covenant between Marton Borough Council and Marton Returned Services Association Incorporated
Whereas a certain Deed of Covenant was on 20 March 1961 entered into between the Mayor, Councillors, and Citizens of the Borough of Marton (in this section referred to as the Corporation Incorporated Societies Act 1908 Society And whereas the Corporation and the Society agreed subject to the terms and conditions set out in the said Deed of Covenant to combine their respective resources in the erection of a Memorial Hall in Marton to be known as the Marton RSA and Citizens Memorial Hall: And whereas doubts have arisen as to the validity of the said Deed of Covenant and the terms thereof and it is desirable that it should be validated: Be it therefore enacted as follows: Notwithstanding anything contained in the Municipal Corporations Act 1954
18: Provision with respect to special overdraft of Levin Borough Council
Whereas the Levin Borough Council (in this section referred to as the Council section 20 of the Local Authorities Loans Act 1956 And whereas it has been necessary for the Council to obtain extended approvals in terms of section 22 of the said Act And whereas the liability of the Council to its bankers on its Gas Supply Account as at 31 March 1961 amounted to the sum of 22,000 pounds approximately: And whereas it is desirable to make provision in manner hereinafter appearing: Be it therefore enacted as follows:
1: The Council is hereby authorised and empowered to borrow from its bankers, by way of special overdraft, the sum of 20,000 pounds to be applied in reduction of that liability.
2: The Council shall repay that sum by 10 equal payments out of money credited to its General Account, one such payment to be made in each year during the period of 10 years commencing on 1 April 1962: provided that the Council may in any year repay out of its General Account an amount greater than a tenth part.
3: The sum of 20,000 pounds shall be carried to a separate account at the bank and all payments in reduction of the said sum shall be credited to that account.
4: No part of that sum shall hereafter be taken into account in determining the amount that may be borrowed or that may be owed by the Council on its Gas Supply Account or on its District Fund Account pursuant to section 20 of the Local Authorities Loans Act 1956
19: Authorising Naseby Borough Council to expend money in connection with centennial celebrations
The Naseby Borough Council is hereby authorised and empowered to expend out of its General Account a sum not exceeding 200 pounds for the purpose of celebrating and commemorating the 100th anniversary of the settlement of Naseby, and in connection with the establishment of a centennial memorial, and may expend part or all of that sum of 200 pounds by way of grants to the body known as the Naseby Centennial Committee for any such purpose.
20: Validating variation of terms of raising certain loan money by Havelock North Borough Council
Whereas by Order in Council made on 11 June 1958 consent was given to the raising by the Havelock North Borough Council (in this section referred to as the Council loan And whereas the Council raised a sum of 5,000 pounds as part of the loan on terms that the said sum together with the interest thereon should be repaid by equal aggregate payments every half year over the period of the loan: And whereas one of the conditions determined by the Local Authorities Loans Board in respect of the raising of the said sum of 5,000 pounds was that the Council should establish a sinking fund to provide for the repayment thereof: And whereas it is desirable that the action of the Council be validated: Be it therefore enacted as follows: The action of the Council in raising the sum of 5,000 pounds as part of the loan, otherwise than in accordance with the conditions determined by the Local Authorities Loans Board, is hereby validated and the said sum of 5,000 pounds shall be deemed to have been lawfully borrowed and all debentures issued in respect thereof shall be deemed to have been lawfully executed and issued and shall have full force and effect according to their tenor.
21: Validating variation of terms of raising certain loan money by Hamilton City Council
Whereas by Order in Council made on 5 August 1959 consent was given to the raising by the Hamilton City Council (in this section referred to as the Council loan And whereas 2 of the conditions determined by the Local Authorities Loans Board in respect of the raising of the loan were that the money borrowed should be borrowed for terms of 6, 10, or 20 years, and that the amount borrowed for a term of 6 years should not exceed 13,800 pounds: And whereas the Council borrowed for a term of 6 years as part of the loan the sum of 4,000 pounds in excess of the said sum of 13,800 pounds: And whereas it is desirable that the action of the Council be validated: Be it therefore enacted as follows: The action of the Council in raising the sum of 4,000 pounds as part of the loan otherwise than in accordance with the conditions determined by the Local Authorities Loans Board is hereby validated, and the said sum of 4,000 pounds shall be deemed to have been lawfully borrowed and all debentures and stock issued in respect thereof shall be deemed to have been lawfully executed and issued and shall have full force and effect according to their tenor.
22: Authorising Russell Town Council to raise special loan
Whereas the Russell Town Council (in this section referred to as the Council And whereas the Local Authorities Loans Board has no authority to sanction the raising of a loan for the purpose of enabling the Council to refund the said sum of 1,500 pounds to its General Account: And whereas it is desirable to authorise the Council to raise a special loan not exceeding the sum of 1,500 pounds for the purpose of recouping its General Account in respect of the money expended from that account as aforesaid: 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
23: Provision with respect to stopped street in City of Auckland
Whereas the land described in subsection (4) (in this section referred to as the said land Corporation And whereas the said land adjoins certain land vested in the Corporation as an endowment for the improvement and benefit of the City of Auckland pursuant to the provisions of the Auckland City Endowments and Reserves Act 1875 (in this section referred to as the said Act And whereas the endowment land adjoining the said land has for many years been leased or let to lessees and tenants who have also occupied the said land in the erroneous belief by them and by the Corporation that the said land formed part of the endowment land included in their respective leases and tenancies: And whereas it is expedient that the Corporation should henceforth hold the said land as and for an endowment for the improvement and benefit of the City of Auckland and that the Corporation should have with respect to the said land all such powers of leasing, letting, and disposition as it has with respect to the land heretofore vested in it pursuant to the said Act, and in addition should have the special powers set out in subsection (2): Be it therefore enacted as follows:
1: Notwithstanding anything contained in the Municipal Corporations Act 1954
2: The Corporation is hereby empowered to lease the said land to the lessees of the adjoining endowment land either by way of new lease, without putting the same up for leasing by public auction or public tender, or by inclusion of the said land in any renewal of any existing lease of such adjoining endowment land, and any such lease granted by way of renewal of any existing lease shall for all purposes be deemed to be a renewal of that existing lease.
3: The District Land Registrar for the Land Registration District of Auckland is hereby authorised to make such entries in the register books, to issue such titles, to register such instruments, and to do all such other things as may be necessary to give effect to the provisions of this section.
4: The land to which this section relates is particularly described as follows: Sections 60, 61, 62, and 63 of the City of Auckland, containing respectively 12 perches and twenty-six one-hundredths of a perch, 4 perches and forty-two one-hundredths of a perch, 7 perches and one-tenth of a perch, and 8 perches and forty-six one-hundredths of a perch, more or less, being respectively parts of Lots 1, 2, 3, and 4 on Deposited Plan Number 48857, and being parts of the land comprised and described in certificate of title, Volume 1886, folio 47, Auckland Registry.
24: Authorising Putaruru Borough Council to operate a sweet bar in Plaza Cinema, Putaruru
Section 24 expired 1 December 1971
25: Validating variation of terms of raising certain loan money by Birkenhead Borough Council
Whereas by Order in Council dated 21 March 1960 consent was given to the raising by the Birkenhead Borough Council (in this section referred to as the Council loan And whereas one of the conditions determined by the Local Authorities Loans Board in respect of raising a sum of 1,000 pounds as part of the loan was that that sum should be borrowed for a term of 10 years: And whereas the Council raised such sum of 1,000 pounds for a term of 12 years: And whereas it is desirable to validate the action of the Council in raising the said sum otherwise than in accordance with the conditions determined by the Local Authorities Loans Board: Be it therefore enacted as follows:
1: The action of the Council in raising the sum of 1,000 pounds as part of the loan, otherwise than in accordance with conditions determined by the Local Authorities Loans Board, is hereby validated and the said sum of 1,000 pounds shall be deemed to have been lawfully borrowed and the debenture executed in respect thereof shall be deemed to have been lawfully executed and shall have full force and effect according to its tenor.
2: The Council shall make provision for the repayment of the said sum of 1,000 pounds by establishing a sinking fund therefor and making annual payments into such sinking fund at a rate of not less than 2 pounds 9 shillings and 8 pence per cent per annum.
26: Authorising Ohakune Borough Council to expend money in connection with Golden Jubilee celebrations
The Ohakune Borough Council is hereby authorised and empowered to expend out of its General Account a sum not exceeding 200 pounds for the purpose of celebrating and commemorating the 50th anniversary of the Borough of Ohakune, and the expenditure by the Council for that purpose of any part of that sum before the passing is hereby validated and declared to have been lawfully incurred.
27: Provision with respect to lease and transfer of certain land by Te Awamutu Borough Council
Whereas the Corporation of the Borough of Te Awamutu is seised of an estate in fee simple in the land described in subsection (3): And whereas the said land is situated near the Te Awamutu College, a secondary school established under the Education Act 1914 College Board And whereas there is a need for such a hostel but the Board is at present financially unable to erect a hostel on this or any other site: And whereas the Te Awamutu Borough Council (in this section referred to as the Council Be it therefore enacted as follows:
1: Notwithstanding anything contained in the Municipal Corporations Act 1954, the Council may lease to the Board by private treaty the land described in subsection (3) for a term of 20 years at a rental of 1 shilling per annum if demanded, free from liability for payment of rates, and on such suitable conditions for the proper maintenance of the said land as may be agreed upon between the Council and the Board, and subject also to the following conditions, namely—
a: if at any time during the continuance of the lease the Council is satisfied that the Board is financially able to erect on that land a suitable hostel for pupils attending the College it will without consideration transfer to the Board the estate in fee simple in the land:
b: if at any time during the continuance of the lease the Council is satisfied that the Board will not be financially able to erect such a hostel the Council may by notice in writing to the Board terminate the lease and forthwith enter on and repossess the land as in its former estate, freed and discharged from the lease or any claims of the Board or of any other person in respect thereof.
2: Notwithstanding anything contained in the Municipal Corporations Act 1954
3: The land referred to in this section is more particularly described as follows: All that piece of land containing 1 acre 11 perches and eight-tenths of a perch, being Lots 2, 3, and 4 on Deposited Plan S 4801 and Lot 3 on Deposited Plan S6312 Section 27(3) amended 14 December 1962 section 27 Local Legislation Act 1962
28: Authorising resubdivision and improvement of part of reclamation area by Wellington City Council
Whereas by a Proclamation dated 30 January 1947, and published in the Gazette Part 2 of the Housing Improvement Act 1945 And whereas the district scheme under the Town and Country Planning Act 1953 And whereas it is desirable to authorise and empower the Wellington City Council to carry out resubdivision and improvement of certain land within the said reclamation area: Be it therefore enacted as follows:
1: Notwithstanding anything contained in the Housing Improvement Act 1945
2: The King Street Area is particularly described as follows: All that area in the Wellington Land District situated in the City of Wellington, bounded by a line commencing at the north-western corner of the Adelaide Road and Drummond Street intersection, being the southernmost corner of Lot 5 as shown on the plan numbered 7950 deposited in the Land Registry Office at Wellington; thence westerly along the northern side of Drummond Street, across King Street, and again along the northern side of Drummond Street to the south-western corner of Lot 7 as shown on the plan numbered 848 deposited as aforesaid; thence northerly and easterly along the western and northern boundaries of that lot to the eastern boundary of part Section 739, Town of Wellington; thence northerly along that boundary to the south-eastern corner of Lot 1 as shown on the plan numbered 1266 deposited as aforesaid, and along the eastern boundary of that lot and its production through Lots 7, 2, 1, and 6 as shown on plan numbered 1776 deposited as aforesaid to the south-eastern corner of Lot 24 as shown on plan numbered 956 deposited as aforesaid, and along the eastern boundaries of Lots 24, 23, and 22 as shown on plan numbered 956 aforesaid, to the south-western corner of Lot 1 as shown on plan numbered 8307 deposited as aforesaid; thence easterly generally along the southern and south-eastern boundaries of that lot to its south-eastern corner; thence easterly along a right line across King Street to the south-western corner of Lot 9 as shown on plan numbered 8307 aforesaid; thence easterly along the southern boundary of that lot to its south-eastern corner, being the northern corner of the King Street and Adelaide Road junction; thence southerly across King Street and along the western side of Adelaide Road to the north-western corner of the Adelaide Road and Drummond Street intersection, being the point of commencement.
29: Provision with respect to land held on trust by Hikurangi Town Council
Whereas the Hikurangi Town Council (in this section referred to as the Council said land And whereas the Council holds the said land in trust for the purposes of a residence for a medical practitioner practising in the Hikurangi Town District and surrounding districts pursuant to section 31 And whereas it is desired to revoke the said trust and to amend the terms and conditions upon which the Council holds the said land: Be it therefore enacted as follows:
1: The Council is hereby authorised and empowered to subdivide the said land into allotments for housing purposes as if it were land subdivided by the Council under the provisions of Part 24 of the Municipal Corporations Act 1954
2: Upon the deposit under the Land Transfer Act 1952
3: The Council shall transfer to Her Majesty the Queen for the purposes of a site for a residence and dispensary for the district public health nurses such one of the allotments in the subdivision as may be agreed upon between the Council and the Minister of Health. The consideration for the transfer shall be such sum not exceeding the capital value for the time being fixed in respect of that allotment by the Valuer-General under the Valuation of Land Act 1951
4: The Council shall set aside one of the allotments in the subdivision as a site for a dwellinghouse for any medical practitioner from time to time practising in the Hikurangi Town District and surrounding districts, and shall hold that allotment in trust for that purpose.
5: The Council may sell or dispose of the remainder of the said land in accordance with the provisions of Part 24 of the Municipal Corporations Act 1954
6: The District Land Registrar for the Land Registration District of Auckland is hereby authorised and directed to make such entries in the register books and to do all such other things as may be necessary to give effect to the foregoing provisions of this section.
7: The Council is hereby authorised to erect a dwellinghouse on the allotment set aside under subsection (4), and to let that dwellinghouse to any medical practitioner from time to time practising in the Hikurangi Town District and surrounding districts at such rent and upon such conditions as the Council may think fit.
8: The Council may apply the proceeds from the disposal of any allotments under the provisions of this section in or towards the erection of the said dwellinghouse. Should those proceeds be insufficient for that purpose the Council may borrow by way of special loan under the Local Authorities Loans Act 1956
9: Section 31 section 28
30: Exempting certain persons from liability for payment of rates levied by Manurewa Borough Council
Whereas by agreement dated 6 December 1960 Annie Barrett of Manurewa, widow, agreed to transfer to the Mayor, Councillors, and Citizens of the Borough of Manurewa (in this section referred to as the Corporation And whereas by the said agreement the said Annie Barrett agreed to transfer Lot 3 of the said subdivision containing 3 roods 16 perches and nine-tenths of a perch, more or less, to the Corporation as and for a public reserve and recreation ground, reserving nevertheless to the said Annie Barrett an estate or interest in possession for the life of the said Annie Barrett and from and after her death an estate or interest in possession for the life of her daughter, Lora Barrett: And whereas by the said agreement the Corporation agreed to promote legislation to exempt the said Annie Barrett and Lora Barrett from payment of all rates now due and owing and hereafter to become due and owing in respect of the said Lot 3: And whereas the said Annie Barrett died on or about 15 February 1961 and the executor of her estate has called on the Corporation to promote the said legislation and has agreed to transfer the said Lots 2 and 3 to the Corporation pursuant to the said agreement: Be it therefore enacted as follows: The executor of the estate of the said Annie Barrett and the said Lora Barrett are hereby exempted from liability for the payment of any rates now or hereafter made or levied by the Corporation in respect of the said Lot 3 or any part thereof.
31: Validating proceedings in connection with raising of loan by East Coast Bays Borough Council
Whereas by Orders in Council made on 23 October 1956 (in this section referred to as the first Order in Council second Order in Council Council loan And whereas, before the issue of the second Order in Council, the sum of 850 pounds was raised in excess of the amount of 40,000 pounds authorised by the first Order in Council: And whereas 2 of the conditions first determined by the Local Government Loans Board (now the Local Authorities Loans Board and in this section referred to as the Board And whereas, contrary to the provisions of the Local Authorities Loans Act 1956 And whereas in the absence of any determination by the Board the sum of 225 pounds was paid by the Council by way of underwriting fees in respect of 30,000 pounds of the said amount of 40,000 pounds: And whereas the sum of 3,000 pounds was raised for a term other than that determined by the Board in respect of the amount of 60,000 pounds authorised by the second Order in Council: And whereas the sum of 3,150 pounds was raised by the Council after the time limit imposed by the Board in respect of the amount of 60,000 pounds authorised by the second Order in Council: And whereas it is expedient to validate the proceedings in connection with the raising of the loan: Be it therefore enacted as follows:
1: The actions of the Council in borrowing—
a: the sum of 850 pounds in excess of the amount of 40,000 pounds authorised by the first Order in Council and on terms otherwise than in accordance with those determined by the Board; and
b: the sum of 400 pounds without the prior sanction of the Board; and
c: the sum of 3,000 pounds for a term other than that determined by the Board; and
d: the sum of 3,150 pounds as part of the loan after the expiration of the time limit determined by the Board— are hereby validated, and the said sums shall be deemed to have been lawfully borrowed and the debentures and stock issued in respect thereof shall be deemed to have been lawfully executed and issued and shall have full force and effect according to their tenor.
2: The payment by the Council of the sum of 225 pounds by way of underwriting fees without the authority of the Board is hereby validated and declared to have been lawful.
32: Authorising Rotorua Borough Council to guarantee repayment of money raised by Rotorua Branch, Plunket Society
Whereas the Rotorua Borough Council (in this section referred to as the Council Plunket Society And whereas the Council has no legal authority to assist by guaranteeing repayment of money raised by the Plunket Society for the erection of such a building: Be it therefore enacted as follows:
1: The Council may guarantee by deed or other instrument to any financial institution as defined in section 326 of the Municipal Corporations Act 1954
2: Every such guarantee shall contain such terms and conditions as may be agreed upon between the Council and the financial institution from time to time.
3: Any mortgage which is given by the Plunket Society in favour of a financial institution and which is guaranteed by the Council pursuant to subsection (1) shall contain such terms and conditions as may be agreed upon between the Plunket Society, the financial institution, and the Council.
4: For the purpose of providing money out of which the Council may pay any amount payable in respect of any guarantee executed pursuant to subsection (1), the Council may from time to time borrow by way of special loan under the Local Authorities Loans Act 1956 section 34 of that Act
5: The land to which this section relates is more particularly described as follows: All that parcel of land situate in the Borough of Rotorua containing 20 perches, more or less, being Section 20, Block XXXVI, Town of Rotorua.
33: Provision with respect to use of compensation money by Auckland City Council
Section 33 repealed 12 November 1971 section 12(1) Auckland Improvement Trust Act 1971 (1971 No 9 (L)) Harbour boards
34: Validating certain expenditure incurred by Otago Harbour Board in connection with Otago Museum Appeal
The expenditure by the Otago Harbour Board during the financial year ended on 30 September 1961 of the sum of 250 pounds as a donation to the trustees of the Otago Museum is hereby validated and declared to have been lawfully incurred.
35: Authorising the Otago Harbour Board to make
ex gratia Whereas by an agreement dated 28 January 1960 made between Harpur (Coffs Harbour) Proprietary Limited by and through its agent Rosenfeld Kidson and Company Limited of Auckland, Contractor (in this section referred to as the contractor Board And whereas by reason of an error in the said agreement by both the contractor and the Board the contractor suffered loss as the rate charged for the longer piles was stated at a rate lower than for the shorter piles: And whereas the Board, having regard to the circumstances, is desirous of making a payment of 205 pounds and 10 pence to the contractor: Be it therefore enacted as follows: The Board is hereby authorised and empowered to pay the sum of 205 pounds and 10 pence to the contractor by way of compensation in respect of the loss suffered by the contractor as aforesaid.
36: Authorising distribution by Auckland Harbour Board of proceeds collected from visit of Chilean Naval Training Ship
Esmeralda Whereas the Auckland Harbour Board (in this section referred to as the Board Esmeralda And whereas the said money, less certain costs incurred in the collection thereof, amounted to the sum of 604 pounds 5 shillings and 10 pence: And whereas the Board is desirous of donating the said sum equally to and between certain seamen's welfare organisations: Be it therefore enacted as follows: The Board is hereby authorised to expend the said sum as 5 equal donations of 120 pounds 17 shillings and 2 pence to each of the following organisations and fund; The Auckland Sailors' Home, The British Sailors' Society Auckland (Incorporated), The Flying Angel
37: Validating certain expenditure incurred by the Southland Harbour Board in connection with official opening of its new wharves
The expenditure by the Southland Harbour Board during the financial year ended on 30 September 1961 of the sum of 2,404 pounds and 8 shillings in connection with the official opening of its new wharves and functions held in conjunction therewith is hereby validated and declared to have been lawfully incurred.
38: Validating variation of terms of raising certain loan money by Whangarei Harbour Board
Whereas by Order in Council made on 14 November 1960 consent was given to the raising by the Whangarei Harbour Board (in this section referred to as the Board loan And whereas 3 of the conditions determined by the Local Authorities Loans Board in respect of the loan were that the loan should extend over a term of 25 years, that the interest payable in respect of such loan money should not exceed four and seven-eighths per centum per annum, and that the loan together with interest thereon should be repaid by equal aggregate annual or half-yearly instalments: And whereas the Board raised the sum of 84,450 pounds, as part of the loan by borrowing a sum of 5,200 pounds for a term of 1 year, a sum of 4,300 pounds for a term of 2 years, a sum of 4,200 pounds for a term of 3 years, a sum of 3,500 pounds for a term of 4 years, a sum of 4,500 pounds for a term of 5 years, a sum of 6,900 pounds for a term of 6 years, a sum of 6,800 pounds for a term of 7 years, a sum of 3,400 pounds for a term of 8 years, a sum of 500 pounds for a term of 9 years, a sum of 17,500 pounds for a term of 10 years, a sum of 650 pounds for a term of 11 years, a sum of 4,000 pounds for a term of 11 years with interest payable at the rate of 5 per centum per annum, a sum of 1,000 pounds for a term of 12 years with interest payable at the rate of 5 per centum per annum, a sum of 1,200 pounds for a term of 15 years, a sum of 500 pounds for a term of 20 years, a sum of 4,600 pounds for a term of 24 years, and a sum of 15,700 pounds for a term of 25 years, all such sums having been borrowed on terms that repayment be made by a lump sum paid on their respective dates of maturity: And whereas it is desirable that the action of the Board should be validated: Be it therefore enacted as follows: The action of the Board in raising the sum of 84,450 pounds as part of the loan, otherwise than in accordance with the conditions determined by the Local Authorities Loans Board, is hereby validated and the said sum of 84,450 pounds shall be deemed to have been lawfully borrowed and all stock issued in respect thereof shall be deemed to have been lawfully issued and shall have full force and effect according to its tenor.
39: Provision with respect to lease of land by Otago Harbour Board to British Sailors' Society (Otago Branch) Incorporated, and provisions incidental thereto
Whereas the Otago Harbour Board (in this section referred to as the Board section 26 Society And whereas by the said section 26 And whereas the Board is registered as the proprietor of an estate in fee simple in Lots 1 and 2, Deposited Plan 9757, being parts Block LXI, Town of Dunedin, and both being parts of the Otago Harbour Endowment comprised in certificates of title, Volume 106, folio 245, and Volume 184, folio 224, Otago Registry: And whereas the Board and the Society have agreed that the land to be leased to the Society shall be the said Lot 2 on Deposited Plan Number 9757, together with a right of way over such part of the said Lot 1 on Deposited Plan Number 9757 as may be agreed upon between the Board and the Society: Be it therefore enacted as follows:
1: If and whenever the Society shall erect a sailors' home or sailors' rest in Dunedin the Board shall pay to the Society the sum of 200 pounds, and, subject to subsection (4), shall, until such home or rest is built, continue to pay to the Society the sum of 10 pounds a year and so in proportion for any less period than a year.
2: The Board is hereby authorised and empowered to lease to the Society the said Lot 2, Deposited Plan 9757, for a term of 21 years at a peppercorn annual rental and upon and subject to such other terms, conditions, and provisions as may be agreed upon with the Society, including provision for renewal of the lease for 1 or more recurring periods at the same rental or otherwise as may be agreed upon between the Board and the Society.
3: Upon the Board's granting to the Society a lease as aforesaid, the Board shall grant to the Society a right of way over such part of the said Lot 1, Deposited Plan 9757, as may be agreed upon with the Society for a term similar to that of the lease, and shall on any renewal of the lease grant a further right of way for a term similar to the term of that renewal.
4: As from the commencement of the term of the said lease the Board shall be freed and discharged from its liability, under subsection (1), for the payment to the Society of the annual sum of 10 pounds.
5: Section 26
40: Authorising Auckland Harbour Board to transfer land to British Sailors' Society Auckland (Incorporated)
Whereas the Auckland Harbour Board (in this section referred to as the Board said land Incorporated Societies Act 1908 Society And whereas it is desirable that the Board be authorised and empowered to transfer the said land or such part or parts thereof to the Society upon those trusts: Be it therefore enacted as follows:
1: The Board is hereby authorised and empowered from time to time to transfer the whole or any part or parts of the said land to the Society to be held upon the trusts set forth in subsection (2).
2: The Society shall hold the said land or such part or parts thereof so transferred in trust to erect and maintain thereon a building or buildings to be known as the Auckland Citizens Seamen's Memorial Centre to be used for any 1 or more of the following purposes, namely, the provision of club rooms, residential accommodation or any other amenities for the furtherance of the religious, moral, mental, or physical welfare and well-being of seamen: provided that if any land so transferred to the Society or any building erected thereon shall at any time cease to be used for any of such purposes as aforesaid or be used for any purpose or purposes other than those purposes for a period of 6 successive months, then that land and the buildings thereon shall vest in the Board without transfer or any payment of compensation, and shall thenceforth be held by the Board upon trust for the provision of amenities for seamen or for such other purposes whether charitable or non-charitable as the Board may from time to time think fit.
3: The District Land Registrar for the Land Registration District of Auckland is hereby authorised to issue such certificates of title, to accept such documents for registration, to require the deposit of such plans, and to do all such other things as may be necessary to give effect to the provisions of this section.
4: If and whenever any land transferred by the Board to the Society becomes again vested in the Board pursuant to subsection (2) the Board shall furnish to the said District Land Registrar notice in writing to that effect, and on receipt of such notice the said District Land Registrar shall note the relevant certificate or certificates of title accordingly.
5: The land to which this section relates is more particularly described as follows: All that area in the North Auckland Land District, City of Auckland, being part Bed of the Waitemata Harbour reclaimed from the sea, situated in Block VIII, Rangitoto Survey District, containing 1 rood 16 perches and six-tenths of a perch more or less: as the same is shown on SO Plan 43111, lodged in the Office of the Chief Surveyor at Auckland. Electric power boards
41: Validating variation of terms of raising certain loan money by Wairere Electric Power Board
Whereas on 26 March 1957 the Local Government Loans Board sanctioned the raising by the Wairere Electric Power Board (in this section referred to as the Board loan And whereas one of those conditions was that no money should be borrowed after the expiration of 2 years from the date of the Order in Council consenting to the raising of the loan: And whereas that Order in Council was made on 19 June 1957: And whereas after the expiration of the said period of 2 years the Board raised the sum of 8,000 pounds as portion of the loan: And whereas it is expedient that the action of the Board in raising the said portion of the loan should be validated: Be it therefore enacted as follows: The action of the Board in raising the sum of 8,000 pounds as portion of the loan after the expiration of the period specified by the Local Government Loans Board is hereby validated, and the said sum shall be deemed to have been lawfully borrowed, and the debenture issued in respect thereof shall be deemed to have been lawfully executed and issued and shall have full force and effect according to its tenor.
42: Authorising the Waitemata Electric Power Board to sell certain land by private treaty
Whereas by an agreement dated 24 April 1961 made between the Waitemata Electric Power Board (in this section referred to as the Board Company And whereas doubts have arisen as to the authority of the Board to enter into the said agreement and as to the validity thereof and it is desirable to remove those doubts and to validate the said agreement: Be it therefore enacted as follows:
1: Notwithstanding anything contained in the Public Works Act 1928
2: The District Land Registrar for the Land Registration District of Auckland is hereby authorised and directed to accept such documents for registration, to make such entries in the register books, and to 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 more particularly described as follows: All that area of land in the City of Auckland, being part Allotment 16 of Section 21, Town of Auckland, DP 20023, and being the land comprised and described in certificate of title, Volume 461, folio 289, Auckland Registry.
43: Validating borrowing of and variation of terms of raising certain loan money by Te Awamutu Electric Power Board
Whereas by Order in Council made on 23 September 1959 consent was given to the raising by the Te Awamutu Electric Power Board (in this section referred to as the Board building loan And whereas by Order in Council made on 3 August 1960 consent was given to the raising by the Board of a sum of 60,000 pounds known as the Extension Loan 1960 (in this section referred to as the extension loan And whereas the Board raised a sum of 10,000 pounds as part of the building loan on terms that it should be repaid by various dates within a period of 11 years: And whereas the Board raised a further sum of 10,000 pounds as part of the building loan on terms that it should be repaid by various dates within a period of 12 years: And whereas the Board raised a sum of 11,050 pounds as part of the extension loan on terms that it should be repaid by various dates within a period of 10 years: And whereas one of the conditions determined by the Local Authorities Loans Board in respect of the raising of the said 2 sums of 10,000 pounds, and the said sum of 11,050 pounds was that those sums should be repaid by equal aggregate annual or half-yearly instalments of principal and interest over a term of 20 years: And whereas it is desirable that the action of the Board in raising the said sums otherwise than in accordance with the conditions determined by the Local Authorities Loans Board be validated: Be it therefore enacted as follows: The action of the Board in raising the 2 sums of 10,000 pounds as part of the building loan and the sum of 11,050 pounds as part of the extension loan, otherwise than in accordance with the conditions determined by the Local Authorities Loans Board, is hereby validated and the said 2 sums of 10,000 pounds and the said sum of 11,050 pounds shall be deemed to have been lawfully borrowed and all stock issued in respect thereof shall be deemed to have been lawfully issued and shall have full force and effect according to its tenor.
44: Including Kawau Island in Waitemata Electric Power District
Whereas the Island of Kawau (in this section referred to as the Island Electric Power Boards Act 1925 Act And whereas the inhabitants of the Island are desirous of having a supply of electricity made available to them on the Island: And whereas the said inhabitants cannot petition the Governor-General in accordance with section 3 of the Act And whereas the Waitemata Electric Power District extends to and includes the adjacent County of Rodney, the nearest point on the mainland: And whereas it is desirable that the Island should be included in that District: Be it therefore enacted as follows:
1: Notwithstanding anything contained in the Act, the Island is hereby declared to be included in the Waitemata Electric Power District and it shall be deemed to be a constituent district of that Electric Power District.
2: All persons who would be electors of that constituent district if the Island formed part of a county shall be the electors of that district for the purposes of the Act. Hospital boards
45: Validating borrowing of and variation of terms of raising certain loan money by North Canterbury Hospital Board
Whereas by Order in Council made on 23 February 1960 consent was given to the raising by the North Canterbury Hospital Board (in this section referred to as the Board loan And whereas the Board raised a sum of 23,570 pounds as part of the loan on terms that it should be repaid at the expiration of a term of 20 years: And whereas one of the conditions determined by the Local Authorities Loans Board in respect of the raising of the said sum of 23,570 pounds was that that sum should be repaid over a term not exceeding 10 years: And whereas it is desirable that the action of the Board in raising the said sum otherwise than in accordance with the conditions determined by the Local Authorities Loans Board be validated: Be it therefore enacted as follows: The action of the Board in raising the sum of 23,570 pounds as part of the loan, otherwise than in accordance with the conditions determined by the Local Authorities Loans Board, is hereby validated and the said sum of 23,570 pounds shall be deemed to have been lawfully borrowed and all stock issued in respect thereof shall be deemed to have been lawfully issued and shall have full force and effect according to its tenor.
46: Validating variation of terms of raising certain loan money by Auckland Hospital Board
Whereas by Order in Council made on 24 May 1961 consent was given to the raising by the Auckland Hospital Board (in this section referred to as the Board loan And whereas 3 of the conditions determined by the Local Authorities Loans Board in respect of the loan were that the loan should extend over a term of 20 years, and that the loan together with interest thereon should be repaid by equal aggregate annual or half-yearly instalments extending over that term, and that the rate of interest should not produce to the lender or lenders a rate or rates exceeding four and seven-eighths per cent per annum: And whereas the Board has raised the sum of 111,250 pounds by borrowing a sum of 10,000 pounds for a term of 1 year, a sum of 8,800 pounds for a term of 2 years, a sum of 5,400 pounds for a term of 3 years, a sum of 8,350 pounds for a term of 4 years, a sum of 8,500 pounds for a term of 5 years, a sum of 5,000 pounds for a term of 6 years, a sum of 6,500 pounds for a term of 7 years, a sum of 1,500 pounds for a term of 8 years, and a sum of 57,200 pounds for a term of 10 years at a rate of interest of 5% per annum, all such sums having been raised on terms that repayment be made by a lump sum paid on their respective dates of maturity: And whereas it is desirable that the action of the Board be validated: Be it therefore enacted as follows: The action of the Board in raising the sum of 111,250 pounds as part of the loan, otherwise than in accordance with the conditions determined by the Local Authorities Loans Board, is hereby validated and the said sum of 111,250 pounds shall be deemed to have been lawfully borrowed and all debentures and stock issued in respect thereof shall be deemed to have been lawfully executed and issued and shall have full force and effect according to their tenor.
47: Authorising the Otago Hospital Board to make
ex gratia Whereas by an agreement dated 4 May 1959 made between Baker Perkins (N.Z.) Limited (in this section referred to as the contractor Board And whereas the contractor has performed part of the said work and the remainder of the said work is about to be completed: And whereas the contractor made certain errors and omissions in calculating the cost of the supply and installation of certain necessary parts of such machinery: And whereas as a result of such errors and omissions the contractor would suffer a loss amounting to 1,062 pounds: And whereas the Board, having regard to this loss and to the hardship which the contractor would otherwise suffer, is desirous of making a payment of 1,062 pounds to the contractor: Be it therefore enacted as follows: The Board is hereby authorised and empowered to pay the sum of 1,062 pounds to the contractor by way of compensation in respect of the loss incurred by the contractor, conditional on the satisfactory performance of the remainder of the said work. Rabbit boards
48: Validating borrowing of certain money by Millers Flat Rabbit Board
Whereas by Order in Council made on 15 June 1960 consent was given to the raising by the Millers Flat Rabbit Board (in this section referred to as the Board loan And whereas, contrary to the provisions of the Local Authorities Loans Act 1956 And whereas it is desirable that the action of the Board should be validated: Be it therefore enacted as follows: The action of the Board in raising the loan before it had been sanctioned by the Local Authorities Loans Board and without the precedent consent of the Governor-General in Council is hereby validated, and the money raised by the Board in respect thereof shall be deemed to have been lawfully borrowed, and all securities issued in respect thereof shall be deemed to have been lawfully executed and issued by the Board and shall have full force and effect according to their tenor.
49: Dissolving the Edendale Rabbit Board, and provisions incidental thereto
Whereas the Edendale Rabbit District was constituted by Order in Council dated 17 December 1941: And whereas the boundaries of the said Edendale Rabbit District were altered and redefined by Order in Council dated 10 March 1959: And whereas by Order in Council dated 26 October 1960 the boundaries of the Woodlands Rabbit District were altered and redefined to include a portion of the Edendale Rabbit District: And whereas by a further Order in Council dated 26 October 1960 the boundaries of the Glencoe Rabbit District were altered and redefined to include the remaining portion of the Edendale Rabbit District: And whereas by a further Order in Council dated 26 October 1960 the East Road–Makarewa Rabbit District, the Waimatua Rabbit District, and the Woodlands Rabbit District were declared to be united to form 1 district having the name of the Awarua Rabbit District: And whereas by an agreement dated 22 May 1961 between the Awarua Rabbit Board and the Glencoe Rabbit Board, the Awarua Rabbit Board agreed to take over the assets and assume the liabilities of the Edendale Rabbit Board and to pay to the Glencoe Rabbit Board the sum of 2,290 pounds and to transfer to it assets valued at 496 pounds: And whereas the Board had no authority to enter into the said agreement: Be it therefore enacted as follows:
1: The agreement dated 22 May 1961 between the Awarua Rabbit Board and the Glencoe Rabbit Board is hereby validated.
2: The Edendale Rabbit Board is hereby dissolved.
3: The Awarua Rabbit Board shall be deemed to have lawfully acquired the assets and assumed the liabilities and engagements of the Edendale Rabbit Board and all proceedings pending by or against the Edendale Rabbit Board may be carried on or prosecuted by or against the Awarua Rabbit Board.
50: Authorising Waimakariri Rabbit Board to raise special loan
Whereas the Waimakariri Rabbit Board (in this section referred to as the Board And whereas the Local Authorities Loans Board has no power to sanction the raising of a loan for the purpose of enabling the Board to refund the said sum of 3,500 pounds to its General Account: And whereas it is desirable to authorise the Board to raise a special loan not exceeding the sum of 3,500 pounds for the purpose of recouping its General Account in respect of the money 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 Catchment boards
51: Validating advance of certain money by Southland Catchment Board
Whereas by Order in Council made on 20 June 1956 consent was given to the raising by the Southland Catchment Board (in this section referred to as the Board loan And whereas because of flood damage during construction of the said works the amount of the loan was found to be insufficient to complete the said works: And whereas the Board advanced the sum of 872 pounds 6 shillings and 3 pence out of its General Account for purposes supplementary to the loan, the said sum to be recouped by an annually recurring separate rate on all rateable property in the Dipton Channel Rating District: And whereas the Board advanced the said sum from its General Account without first complying with the provisions of section 31 of the Local Authorities Loans Act 1956 And whereas it is desirable that the action of the Board in advancing the said sum be validated: Be it therefore enacted as follows:
1: The action of the Board in advancing the sum of 872 pounds 6 shillings and 3 pence from its General Account for the purpose of completing the said works, without first complying with the provisions of section 31 of the Local Authorities Loans Act 1956
2: The annually recurring separate rate made and levied by the Board on all rateable property in the Dipton Channel Rating District for the purpose of recouping the sum so advanced is hereby declared to have been lawfully made and levied.
52: Authorising the Wairarapa Catchment Board to reclaim certain land in the Wairarapa Catchment District
Whereas the Wairarapa Catchment Board proposes to reclaim certain land adjacent to and on the foreshore of Lake Wairarapa, Lake Onoke, and the Ruamahanga River and from the beds of the said lakes and river in pursuance of the Lower Wairarapa Valley Development Scheme: And whereas there are some doubts as to the Catchment Board's powers to do this work: And whereas it is desirable that the necessary powers be granted to the Catchment Board: Be it therefore enacted as follows:
1: Notwithstanding the provisions of section 175 of the Harbours Act 1950 sections 178 to 182 of the Harbours Act 1950
1A: Nothing in this section or in the Soil Conservation and Rivers Control Act 1941 Public Works Act 1928
2: The land to be reclaimed is described as follows: All that area in the Wellington Land District, County of Featherston, containing 5 700 acres approximately, as shown on the plan marked MD 11069, deposited in the Head Office of the Marine Department, at Wellington, and thereon edged red. Section 52(1A) inserted 14 December 1962 section 46 Local Legislation Act 1962 Affecting 2 or more classes of public bodies
53: Validating an agreement between New Plymouth City Council and certain other local authorities as to establishment of museum
Whereas for the purpose of making provision for the establishment and control of a museum in the Provincial District of Taranaki and for defraying the cost thereof, the local authorities mentioned in subsection (4) have entered into an agreement dated 10 August 1960 a certified copy of which agreement is recorded in the Department of Internal Affairs at Wellington as IA 105/784: And whereas doubts have arisen as to the powers of the local authorities concerned to enter into and be bound by the said agreement: And whereas it is desirable that the said agreement should be validated and that the powers contained in subsection (2) should be conferred on the New Plymouth City Council: Be it therefore enacted as follows:
1: Notwithstanding anything to the contrary in the Municipal Corporations Act 1954 Counties Act 1956
2: While the said agreement remains in full force and effect, the New Plymouth City Council may make bylaws from time to time for the purpose of regulating, controlling, or prohibiting any act, matter, or thing in connection with the control, management, maintenance, and use of the museum: provided that no such bylaw shall have any force or effect unless and until the same has been approved by a resolution of the Taranaki Museum Board to be constituted pursuant to the said agreement, which approval may be proved by the production of a copy of the resolution with a certificate thereon purporting to be signed by the Chairman and any 2 members of the said Board.
3: The provisions of Part 29 of the Municipal Corporations Act 1954
4: The local authorities to which this section relates are: New Plymouth City Council Waitara Borough Council Inglewood Borough Council Stratford Borough Council Eltham Borough Council Hawera Borough Council Patea Borough Council Taranaki County Council Inglewood County Council Clifton County Council Stratford County Council Eltham County Council Hawera County Council Egmont County Council Waimate West County Council Patea County Council.
54: Authorising refund of purchase price of stopped street transferred to Auckland Harbour Board by Auckland City Council
Whereas Jellicoe Street in the City of Auckland was reclaimed, formed, and dedicated as a public street by the Auckland Harbour Board (in this section referred to as the Board And whereas that part of Jellicoe Street described in subsection (2) (in this section referred to as the said land Council Municipal Corporations Act 1954 And whereas the Council desired to transfer the said land to the Board without consideration but had no power to do so: And whereas the Council transferred the said land to the Board pursuant to section 190 of the Municipal Corporations Act 1954 And whereas it was agreed between the Council and the Board that they would seek legislative authority for the Council to refund the said sum to the Board: Be it therefore enacted as follows:
1: Notwithstanding the provisions of section 190 of the Municipal Corporations Act 1954
2: The land to which this section relates is more particularly described as follows: All that parcel of land containing 1 rood 4 perches and six-tenths of a perch, more or less, being section 4, Block XVI, Waitemata Survey District, and being all the land comprised and described in certificate of title, Volume 1853, folio 52, Auckland Registry.
55: Authorising Wellington City Council to make a grant in respect of Day's Bay Wharf
Whereas the Wellington Harbour Board (in this section referred to as the Board wharf And whereas the wharf was constructed for use by vessels engaged in the Wellington Harbour Ferry Passenger Service plying between the Wellington wharves and the Day's Bay and other wharves in the Wellington Harbour: And whereas the wharf has not been used for commercial purposes since the ferry service was discontinued some years ago: And whereas the upkeep of the wharf has become uneconomic and the Board has under consideration the demolition of the said wharf: And whereas the Wellington City Council (in this section referred to as the Council And whereas the Board is prepared to agree to the Council's request: And whereas it is desirable to authorise the Council to make the said grant to the Board: Be it therefore enacted as follows: The Council is hereby authorised and empowered to make a grant to the Board of the sum of 2,500 pounds for the purpose of reconditioning the wharf to provide an amenity for use by pleasure craft.
56: Validating the terms of an agreement between Wellington Harbour Board and Eastbourne Borough Council
Whereas the Wellington Harbour Board (in this section referred to as the Board wharf And whereas the wharf is no longer required or suitable for shipping or harbour purposes and the Eastbourne Borough Council (in this section referred to as the Council And whereas the Board desires to pay to the Council the sum of 2,000 pounds to be used and expended by the Council towards the maintenance of the wharf during the continuance of such lease and thereafter towards the demolition and removal of the wharf: And whereas the Board and the Council entered into an agreement dated 1 August 1961 for the purpose of giving effect to the proposals in respect of the wharf, and a copy thereof has been deposited in the Department of Internal Affairs under Number IA 105/894: And whereas the Board and the Council had no authority to enter into the said agreement and the Board has no authority to make the proposed payment of 2,000 pounds to the Council: And whereas it is desirable to validate the said agreement and to authorise the Board to grant and pay the said sum to the Council: Be it therefore enacted as follows:
1: Notwithstanding anything contained in the Harbours Act 1950
2: The Board is hereby authorised and empowered to pay the sum of 2,000 pounds to the Council as a grant in accordance with the terms of the said agreement. Miscellaneous
57: Provision with respect to Warkworth War Memorial project
Whereas certain sums of money were publicly subscribed towards the cost of a War Memorial for the Town District of Warkworth: And whereas the War Memorial was a charitable purpose within the meaning of Part 4 And whereas the form of the War Memorial was changed and all the money publicly subscribed was spent on the War Memorial as so changed: And whereas the provisions of Part 4 And whereas it is desirable to validate the spending of that money for that purpose: Be it therefore enacted as follows: Notwithstanding the provisions of the Charitable Trusts Act 1957
58: Declaring certain deed to be arbitrator's award for purposes of section 65(5) of Auckland Metropolitan Drainage Act 1960
Section 58 repealed 1 November 2010 section 113(1) Local Government (Auckland Transitional Provisions) Act 2010