Local Legislation Act 1989

1: Short Title
This Act may be cited as the Local Legislation Act 1989.
2: Manukau City Council: vesting land in trustees of Te Puea Marae
1: In this section, unless the context otherwise requires,— the said land section 439 section 439 of the Maori Affairs Act 1953
2: The reservation as recreation reserve of the land described in paragraphs (a) and (b) of subsection (7) is hereby revoked.
3: The road described in subsection (7)(c) is hereby stopped.
4: On the commencement of this Act, the said land shall vest in the persons in whom there is then vested all that parcel of land situated in Block V, Otahuhu Survey District containing 4 047 m 2 Gazette
a: the said land shall be deemed—
i: to have been so vested under subsection (7) of section 439; and
ii: to have been set apart under subsection (1) of section 439 for the common use of the Maori people of New Zealand as a meeting place and marae; and
b: subject to subsection (5) of this section, section 439 shall apply to the said land accordingly.
5: Where, under subsection (5) of section 439, the reservation of the said land is cancelled, or any part of the said land is excluded from the reservation, the Registrar of the Maori Land Court in whose Registry the land or part is situated shall execute a transfer of it to the territorial authority for the time being of the district in which it is situated as a recreation reserve under the Reserves Act 1977
6: The District Land Registrar of the Land Registration District of North Auckland shall register against the land comprised and described in certificate of title No 52B/698 (North Auckland Registry) and, notwithstanding Caveat No A537755, against the residue of the land comprised and described in certificate of title No 211/174 (North Auckland Registry)—
a: the revocation effected by subsection (2); and
b: the vesting effected by subsection (4).
7: The said land comprises—
a: all that parcel of land comprising 2.0670 hectares, more or less, being part Section I, Block V, Otahuhu Survey District, and being part of the land comprised and described in certificate of title No 211/174 (North Auckland Registry), and being more particularly shown marked A
b: all that parcel of land comprising 610 m 2
c: all that parcel of land comprising 3 213 m 2
i: Allotment 5A, Village of Mangere; and
ii: Paro 16 Block; and
iii: Allotment 74, Village of Mangere; and
iv: Section I, Block V, Otahuhu Survey District,— and being more particularly shown marked A
3: Otago Harbour Board: validating unlawful reclamations
1: The actions of the Otago Harbour Board in reclaiming the land described in subsection (3) are hereby validated and deemed to have been lawful; and the land is hereby deemed to have been lawfully reclaimed.
2: Nothing in subsection (1) affects the validity of, or affects or prevents the making of, any claim under the Treaty of Waitangi Treaty of Waitangi Act 1975
3: The land comprises first the parcel of land shown marked A 2 B 2
4: Thames-Coromandel District Council: removal of trust from land
1: Subject to this section, all trusts, reservations, and restrictions, to which the land described in subsection (8) (hereafter in this section referred to as the library land) was subject immediately before the commencement of this Act (not being trusts, reservations, or restrictions applicable to all land vested in District Councils as successors to Borough Councils) are hereby cancelled and revoked.
2: The Thames-Coromandel District Council (hereafter in this section referred to as the Council) shall not sell or exchange the library land unless—
a: the building that was on the library land immediately before the commencement of this Act (hereafter in this section referred to as the library building) has been demolished or removed from the library land; and
b: the Council has adopted and complied with the special consultative procedure in relation to the intention to sell or exchange the library land.
3: The Council shall not permit the library building to be demolished unless the Council—
a: is satisfied that it has deteriorated to the point that it is effectively untenantable; and
b: has adopted and complied with the special consultative procedure in relation to the intention to permit it to be demolished.
4: The Council shall not permit the library building to be removed from the library land unless the Council—
a: is satisfied that it will be re-erected on a site within, or within a reasonable distance of, the district of the former Thames Borough Council; and
b: has adopted and complied with the special consultative procedure in relation to the intention to permit it to be removed from the library land.
5: Subsection (6) applies to the library land, and to any land acquired by the Council—
a: in full or part exchange for any land to which that subsection applies; or
b: out of the proceeds of the sale of any land to which that subsection applies.
6: The Council shall use within the district of the former Thames Borough Council only, and for library purposes only,—
a: any income derived from land to which this subsection applies or from the library building; and
b: the net proceeds of the sale of any land to which this subsection applies; and
c: the net proceeds of any sale of the library building.
7: The District Land Registrar of the land registration district of South Auckland shall do all things, and make all entries in registers, necessary to give effect to subsection (1).
8: The land is all that parcel of land situated in the District of Thames-Coromandel containing 653 m 2
5: Tuakau Borough Council: validating incorrectly expressed rates assessments
1: In this section,— affected property higher rates lower rates
2: The several rates resolved to be made and levied by the Tuakau Borough Council on all affected properties in respect of the year ended with 31 March 1987 at a duly notified meeting held on 30 April 1986 are hereby deemed not to have been so made and levied.
3: The Borough Council is hereby deemed to have lawfully resolved at that meeting that there be made and levied on all affected properties, in place of each of the lower rates, a rate higher by 5% than that lower rate.
4: All of the Borough Council's actions in levying, in respect of the said year on affected properties, amounts calculated on the basis of the higher rates are hereby validated and deemed to have been lawful.
5: All money received by the Borough Council or the Franklin District Council in payment of rates for the said year on affected properties calculated on the basis of the higher rates, is hereby deemed to have been lawfully paid to and received by the Borough or District Council.
6: Such part of the rates for the said year on any affected property, calculated on the basis of the higher rates, as has not yet been paid to the Borough Council or the Franklin District Council is hereby deemed to be lawfully payable to the District Council, and capable of being collected as if it had always been lawfully payable.
6: Waiheke County Council: validating annual general charges
Notwithstanding that the annual general charges of $48 for residential properties and $150 for commercial and industrial properties within the central riding of the District of the former Waiheke County Council resolved to be made and levied in respect of the year that ended with 31 March 1986 by the County Council at its duly notified meeting held on 25 July 1985 were invalid by virtue of their not being uniform as required by section 157A
a: the charges are hereby validated and deemed to have been lawfully made:
b: all actions of the Council or the Auckland City Council in levying and collecting the charges are hereby validated and deemed to have been lawful:
c: all money received by the Council or the Auckland City Council in payment of the charges is hereby deemed to be lawfully payable, and capable of being collected as if it had always been lawfully payable:
d: such part of the charges as has not yet been paid to the County Council or the City Council is hereby deemed to be lawfully payable to the City Council, and capable of being collected as if it had always been lawfully payable.
7: Wairoa County Council: validating unlawful loan
Notwithstanding the failure of the former Wairoa County Council to comply with the requirements of the Local Authorities Loans Act 1956
a: pass a resolution to raise a loan; and
b: provide public notification of its intention to raise a loan; and
c: pass a resolution confirming a resolution to raise a loan,— the actions of the Council in raising, on 28 November 1984, the loan known as the Staff Housing Loan 1984 are hereby validated and deemed to have been lawful, and the loan is hereby validated and deemed to have been and to continue to be lawful.
8: Wairoa District Council: removal of trust from land
1: Subject to subsection (2), all trusts, reservations, and restrictions, to which the land described in subsection (5) (hereafter in this section referred to as the library land) was subject immediately before the commencement of this Act (not being trusts, reservations, or restrictions applicable to all land vested in District Councils as successors to County Councils) are hereby cancelled and revoked.
2: Subsection (3) applies to the library land, and to any land acquired by the Wairoa District Council—
a: in full or part exchange for all or any part of any land to which the subsection applies; or
b: out of the proceeds of the sale of any land to which the subsection applies.
3: The council shall use for library purposes only—
a: any income derived from land to which this subsection applies; and
b: the net proceeds of the sale of any land to which this subsection applies; and
c: until it is sold or otherwise disposed of, all land to which this subsection applies.
4: The District Land Registrar of the land registration district of Gisborne shall do all things, and make all entries in registers, necessary to give effect to subsections (1) and (3).
5: The land is all that parcel of land containing 1 011 m 2
9: Repeals and savings
1: The enactments specified in the Schedule
2: The repeal by subsection (1) of any enactment does not affect the validity or effect of anything done or validated by the enactment or, before the commencement of this Act, done under the enactment.