Local Legislation Act 1978

1: Short Title
This Act may be cited as the Local Legislation Act 1978. City and Borough Councils
2: Cambridge Borough Council: validating illegal agreements to sell land
1: Notwithstanding that they were without the consent of the Minister of Local Government required by section 150(4) of the Municipal Corporations Act 1954
2: The proceeds from the sale of the said land shall be invested—
a: in other land; or
b: in securities of other local authorities; or
c: on deposit with the National Provident Fund or any Bank; or
d: in first mortgage loans for staff housing— so as to preserve the endowment.
3: Hamilton City Council: validating illegal use of loan money
The actions of the Hamilton City Council in paying into its General Fund—
a: out of the proceeds of the loan known as the Sewer Loan 1975, the sum of $622,094; and
b: out of the proceeds of the loan known as the Sewer Loan No 2 1975, the sum of $508,600,— (being in each case an amount spent, for purposes for which the loan concerned was to be raised, in anticipation of the raising of that loan) are hereby validated and deemed to have been lawful.
4: Huntly Borough Council: validating illegal use of loan money
The actions of the Huntly Borough Council in paying into its General Bank Account $30,000 out of the proceeds of the loan known as the Huntly Public Library Loan 1976 (being an amount spent, for purposes for which it was raised, in anticipation of the raising of that loan) are hereby validated and deemed to have been lawful.
5: Kapiti Borough Council: authorising grant towards gymnasium
1: Notwithstanding that it is not otherwise authorised to do so, but subject to subsection (2)
2: The said Council shall not so pay any such sum until—
a: it has been granted by the said Board a licence under section 6A
b: the Minister of Recreation and Sport has notified the said Council in writing that he is satisfied that the licence so granted provides for the reasonable use by members of the public of the said gymnasium and its ancillary facilities.
3: Notwithstanding subsection (1)
6: One Tree Hill Borough Council: authorising application of proceeds from sale of certain land
1: Notwithstanding section 230(3)
a: the purchase of land; and
b: the development of buildings,— associated with the said Council's activities, or for either of those purposes.
2: The said land comprises all that parcel of land containing 2.3 perches, more or less, being part Lot 30, DP 4384, and being portion of Allotment 1, Section 12, Suburbs of Auckland, and being all the land comprised and described in certificate of title, Volume 160, folio 227 (North Auckland Registry).
7: Pahiatua Borough Council: validating excessive rate
Notwithstanding that the general rate on the land value of all rateable property in the Borough of Pahiatua of 7.88 cents per dollar resolved to be made and levied in respect of the year that ended with 31 March 1977 by the Pahiatua Borough Council at a duly notified meeting held on 14 June 1976 was invalid by virtue of its exceeding the limit imposed by section 90 of the Municipal Corporations Act 1954
a: the said rate is hereby validated and deemed to have been lawfully made:
b: all actions of the said Council in levying and collecting the said rate are hereby validated and deemed to have been lawful:
c: all money received by the said Council in payment of the said rate is hereby deemed to have been lawfully paid to and received by it:
d: such part of the said rate as has not yet been paid to the said Council is hereby deemed to be lawfully payable, and capable of being collected as if it had always been lawfully payable.
8: Wairoa Borough Council: validating incorrectly calculated rates
1: Notwithstanding that the rates described in subsection (2) sections 102 and 103 of the Municipal Corporations Act 1954
a: the said rates are hereby validated and deemed to have been lawfully made:
b: all actions of the said Council in levying and collecting the said rates are hereby validated and deemed to have been lawful:
c: all money received by the said Council in payment of the said rates is hereby deemed to have been lawfully paid to and received by it:
d: such part of the said rates as has not yet been paid to the said Council is hereby deemed to be lawfully payable, and capable of being collected as if it had always been lawfully payable.
2: The said rates comprise:
a: the separate sanitation charge of $50 on all rateable commercial and industrial properties in the Borough of Wairoa having a building thereon:
b: the separate drainage rate of 0.58 cents per dollar on the land value of all rateable property in the said Borough connected, directly or through a private drain, to any public drain:
c: the annual charge of $20 for each second or subsequent water closet or urinal in any building situated on or comprising rateable property in the said Borough.
9: Waitemata City Council: validating illegally made contract and payment under it
Notwithstanding that they were contrary to section 147 Schedule 5 of the Municipal Corporations Act 1954
a: entering into a contract with Winstone Quarries Limited for the refurbishing of a Goodwin Barsby Primary Jaw Crusher otherwise than in accordance with those provisions; and
b: on 29 March 1978, paying $15,050.23 to the said Winstone Quarries Limited in respect of work done under the said contract,— are hereby validated and deemed to have been lawful. County Councils
10: Cook County Council: deeming rates to have been made
1: Notwithstanding that the rates described in subsection (2)
a: the said rates are hereby deemed to have been lawfully resolved to be made and levied on 21 May 1976 in respect of the year that ended with 31 March 1977:
b: all actions of the said Council in levying and collecting the said rates, allowing a discount of 5% on amounts paid to it in respect of such of the said rates as were general, separate, or special rates, and were so paid before 28 August 1976, and imposing a penalty of 10% on such part of the said rates as had not been paid to it by 4 pm on 28 January 1977, are hereby validated and deemed to have been lawful:
c: all money received by the said Council in payment of the said rates is hereby deemed to have been lawfully paid to and received by it:
d: such part of the said rates and penalty as has not yet been paid to the said Council is hereby deemed to be lawfully payable, and capable of being collected as if it had always been lawfully payable.
2: The said rates comprise the general rate of 0.5262 cents per dollar on the land value of all rateable property in that part of the County of Cook defined as the Differential Rating Area No 1 other than the former Patutahi Town District, the general rate of 0.9227 cents per dollar on the land value of all rateable property in that part of the County of Cook defined as the Differential Rating Area No 2, the general rate of 1.1501 cents per dollar on the land value of all rateable property in that part of the County of Cook defined as the Northern Division, the general rate of 0.3219 cents per dollar on the capital value of all rateable property in that part of the County of Cook which comprises the former Patutahi Town District, the general separate rate of 0.8006 cents per dollar on the land value of all rateable property in that part of the County of Cook which comprises the Makaraka Separate Rating Area, and the special rate of 0.0637 cents per dollar on the land value of all rateable property in that part of the County of Cook which comprises the Wainui Beach Erosion Loan Special Rating Area, a resolution stating the intention of the Cook County Council to make all of which in respect of the year that ended with 31 March 1977 was passed by the said Council at a duly notified meeting held on 21 May 1976.
11: Hokianga County Council: validating unauthorised borrowing
Notwithstanding that section 40(2) of the Local Authorities Loans Act 1956
12: Waitaki County Council: increasing incorrectly calculated rates
1: For the purposes of this section the appropriate lower rate subsection (2)
2: The several differential general rates resolved to be made and levied on rateable property within the County of Waitaki in respect of the year that ended with 31 March 1978 by the Waitaki County Council at a duly notified ordinary meeting held on 29 July 1977 are hereby deemed not to have so been made and levied.
3: The said Council is hereby deemed to have lawfully resolved, on 29 July 1977, that there be made and levied on every rateable property in the said County, in respect of the year that ended with 31 March 1978, a general rate (in this section referred to as the appropriate higher rate) 100 times the amount of the appropriate lower rate.
4: All actions of the said Council in levying, in respect of the general rate for the year that ended with 31 March 1978 on any rateable property in the said County, an amount calculated on the basis of the appropriate higher rate are hereby validated and deemed to have been lawful.
5: All money received by the said Council in payment of the general rate for the year that ended with 31 March 1978 on any rateable property in the said County, calculated on the basis of the appropriate higher rate, is hereby deemed to have been lawfully paid to and received by it.
6: Such part of the general rate for the year that ended with 31 March 1978 on any rateable property in the said County, calculated on the basis of the appropriate higher rate, as has not yet been paid to the said Council is hereby deemed to be lawfully payable to it, and capable of being collected as if it had always been lawfully payable. Catchment Commissions, Drainage Boards, Town Councils, and Hospital Boards
13: Taranaki Catchment Commission: validating illegal loan
1: Notwithstanding that it was not so advanced for a purpose authorised by section 22(1)(d) subsection (2)
2: The said land comprises all that parcel of land situated in Block I, Ngaere Survey District containing 8 759 m 2
14: Wakapuaka Drainage Board: validating illegal reclassification of land
1: All the rateable property within the district of the Wakapuaka Drainage Board is hereby deemed to be classified for the purposes of Part 1
a: all the rateable property in that part of the district that is bounded by Main Glen Road and Athol Street is classified as class B:
b: subject to paragraph (a)
c: subject to paragraph (a)
2: The classification of land effected by subsection (1) section 33
3: Notwithstanding that the rates on rateable property in the Wakapuaka Drainage District resolved to be made and levied in respect of the year that ended with 31 March 1978 by the Wakapuaka Drainage Board at a meeting held on 25 November 1977 (in this section referred to as the said rates) were so resolved to be made and levied on the basis of a classification list that had been unlawfully amended,—
a: the said rates are hereby deemed to be as valid and as lawfully made; and
b: all actions of the said Board in levying and collecting the said rates are hereby deemed to be as valid and as lawful; and
c: all money received by the said Board in payment of the said rates is hereby deemed to have been as lawfully paid to and received by it; and
d: such part of the said rates as has not yet been paid to the said Board is hereby deemed to be as lawfully payable and capable of being collected— as if subsection (1)
4: For the purposes of subsection (3)
a: was, on or after 25 November 1977, or is hereafter, passed, issued, published, or made; and
b: relates to any rateable property within the Wakapuaka Drainage District— to property that is classified class B Special shall be deemed to be, and always to have been, a reference to property that is classified class C.
15: Waverley Town Council: validating illegal payment of retirement gratuity
Notwithstanding that the actions of the Waverley Town Council in paying to James Edward Armstrong, during the year that ended with 31 March 1978, a retirement gratuity of $500 were illegal by virtue of the fact that he had not been in the service of the said Council for 10 years as required by section 6
16: Wellington Hospital Board: validating illegal use of loan money
Notwithstanding that the loan known as the Hospital Works Loan 1974 was not raised for such a purpose, the actions of the Wellington Hospital Board in expending $120,918 out of the proceeds of that loan for the purpose of purchasing certain motor vehicles are hereby validated and deemed to have been lawful.