Local Legislation Act 1963

1: Short Title
This Act may be cited as the Local Legislation Act 1963. County councils
2: Vesting Glenroy Hall in the Corporation of the County of Malvern
Whereas the land described in subsection (3) (in this section referred to as the land trustees And whereas a public hall known as the Glenroy Hall (in this section referred to as the hall And whereas by a Declaration of Trust dated 20 April 1928, the trustees declared that they did and should hold the hall as a public hall for the use and benefit of the residents of the Glenroy district: And whereas all of the trustees are deceased and the hall has for some years been administered by a committee known as the Glenroy Hall Committee (in this section referred to as the Committee And whereas at a public meeting of residents of the Glenroy district called by public notice and held on 12 November 1962, it was resolved that the Committee take the necessary action to enable the hall and the land to be vested in the Selwyn County Council: And whereas the County of Selwyn has been abolished and the district in which the land is situated now forms part of the County of Malvern: And whereas the Malvern County Council has consented to the vesting of the hall and the land in the Chairman, Councillors, and Inhabitants of the County of Malvern: Be it therefore enacted as follows:
1: The land is hereby vested in the Chairman, Councillors, and Inhabitants of the County of Malvern for the purposes of a public hall, freed and discharged from all trusts, reservations, and restrictions affecting the same immediately before the passing of this Act.
2: The District Land Registrar for the Canterbury Land Registration District is hereby authorised and directed to make such entries in his register 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 piece of land containing 1 acre and 8 perches, more or less, situated in Block X of the Hororata Survey District, being Lot 1 on Deposited Plan 7612, part of Rural Section 27224, and being the whole of the land comprised and described in certificate of title, Volume 370, folio 211, Canterbury Registry.
3: Authorising Hutt County Council to appoint additional members to Wainuiomata County Town Committee
Section 3 repealed 18 November 1992 section 6(1) Local Legislation Act 1992
4: Validating refund to County Fund Account from loan money by Rodney County Council
Section 4 repealed 18 November 1992 section 6(1) Local Legislation Act 1992
5: Amending section 10 of the Local Legislation Act 1961
Amendment(s) incorporated in the Act(s)
6: Authorising Eltham County Council to raise special loan
Section 6 repealed 18 November 1992 section 6(1) Local Legislation Act 1992 City and borough councils
7: Provision with respect to use of certain compensation money by Auckland City Council
Whereas various areas of land in Grafton Road and Wynyard and d'Urville Streets in the City of Auckland were vested in the Corporation of the City of Auckland (in this section referred to as the Corporation Auckland Domain Vesting Act 1893 said Act And whereas Her Majesty the Queen has taken certain parts of the said land (in this section referred to as the said land And whereas it is expedient that the Corporation should be empowered to deal with and apply the proceeds of the compensation payable in respect of the taking of the said land in the manner hereinafter provided: Be it therefore enacted as follows:
1: Notwithstanding anything to the contrary in any Act or rule of law, the net proceeds of the money received by the Corporation by way of compensation for the taking of the said land shall be paid into the Corporation's Auckland Domain Trust Account, and shall be applied in or towards the cost of purchasing or otherwise acquiring land in the City of Auckland for the purposes expressed in the said Act or for the development or improvement of land now or hereafter vested in the Corporation for those purposes, or for investment in any investments for the time being authorised by law for the investment of trust funds (the said compensation money and investments arising under the provisions of this section being referred to as the compensation fund
2: The Corporation shall hold any land purchased or acquired pursuant to the powers vested in it by this section for the purposes expressed in the said Act, and the Corporation shall have in respect of that land all such powers of leasing and disposition as it has under the provisions of the said Act, and also as it has in respect of its general or ordinary endowments, and in addition shall have the special powers set out in subsection (3).
3: The Corporation is hereby empowered to expend the whole or part of the compensation fund in or towards meeting the cost of demolition of any building or buildings now or hereafter being upon any land at any time vested in it for the purposes of the said Act, and on the cost of erecting a building or buildings on any such land.
4: The Corporation shall expend the net income received from the compensation fund and from the leasing of any land purchased or acquired under subsection (1) for maintenance and upkeep of any land purchased or acquired by it pursuant to the powers vested in it by this section, and also for any of the purposes expressed in the said Act.
5:
6: The District Land Registrar for the North Auckland Land Registration District is hereby authorised and directed to make such entries in the register books, to issue such titles, to register such instruments, to deposit such plans, and to do all such other things as may be necessary to give effect to the provisions of this section. Section 7(5) repealed 20 May 1999 section 7 Stamp Duty Abolition Act 1999
8: Provision with respect to certain leases issued by Auckland City Council
Whereas the Auckland City Council (in this section referred to as the Council And whereas by Order in Council dated 17 July 1963, and published in the Gazette And whereas during the period that commenced on 1 January 1909, being the date of the commencement of the said Act, and ended with 16 July 1963, the Council, in the erroneous belief that it was a leasing authority within the meaning of the said Act, and in the purported exercise of its powers as such an authority, granted leases and renewals of leases: And whereas doubts have arisen as to the validity of the leases and renewals of leases so granted by the Council during the said period: And whereas it is desirable to remove those doubts: Be it therefore enacted as follows: Notwithstanding anything contained in the Public Bodies Leases Act 1908 or any other Act, the Council shall be deemed to have been a leasing authority within the meaning of the Public Bodies Leases Act 1908, without any exceptions, restrictions, limitations, or conditions, during the period that commenced on 1 January 1909, and ended with 16 July 1963, and accordingly to have possessed during the said period all the powers conferred upon leasing authorities by that Act.
9: Provision with respect to overdraft of Dannevirke Borough Council
Section 9 repealed 18 November 1992 section 6(1) Local Legislation Act 1992
10: Authorising the Dunedin City Council to make an
ex gratia Section 10 repealed 18 November 1992 section 6(1) Local Legislation Act 1992
11: Validating certain charges made by East Coast Bays Borough Council in respect of water meters
Section 11 repealed 18 November 1992 section 6(1) Local Legislation Act 1992
12: Validating variation of terms of raising certain loan money by Greymouth Borough Council
Section 12 repealed 18 November 1992 section 6(1) Local Legislation Act 1992
13: Validating variation of terms of raising certain loan money by Hastings City Council
Section 13 repealed 18 November 1992 section 6(1) Local Legislation Act 1992
14: Authorising Henderson Borough Council to refund to District Fund Account from loan money
Section 14 repealed 18 November 1992 section 6(1) Local Legislation Act 1992
15: Authorising Kaikohe Borough Council to transfer a certain hall to the Kaikohe Agricultural Pastoral and Horticultural Association (Incorporated)
Section 15 repealed 18 November 1992 section 6(1) Local Legislation Act 1992
16: Amending Lyttelton Borough Extension Amendment Act 1915
Section 16 repealed 18 November 1992 section 6(1) Local Legislation Act 1992
17: Empowering Manurewa Borough Council to lease certain allotments for residential building purposes
Section 17 repealed 18 November 1992 section 6(1) Local Legislation Act 1992
18: Authorising Otorohanga Borough Council to raise special loan
Whereas, by Order in Council made on 6 November 1961, consent was given to the raising by the Otorohanga Borough Council (in this section referred to as the Council loan And whereas after expending the amount of the loan the Council expended out of its District Fund Account the sum of 700 pounds in completion of the stormwater drainage 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 700 pounds to its District Fund Account: And whereas it is desirable to authorise the Council to raise a special loan of 700 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 a special loan under the Local Authorities Loans Act 1956
19: Provision with respect to expenditure by Palmerston North City Council on centennial celebrations
Section 19 repealed 18 November 1992 section 6(1) Local Legislation Act 1992
20: Validating refund to District Fund Account from loan money by Queenstown Borough Council
Section 20 repealed 18 November 1992 section 6(1) Local Legislation Act 1992
21: Authorising Te Puke Borough Council to refund to District Fund Account from loan money
Whereas before the Te Puke Borough Council (in this section referred to as the Council loan And whereas authority has since been obtained to the raising of the loan: And whereas the Council is desirous of refunding the said sum to its District Fund Account out of the proceeds of the loan but has no authority to do so: Be it therefore enacted as follows: The Council is hereby authorised and empowered to refund the sum of 7,211 pounds and 5 pence to its District Fund Account out of the proceeds of the loan.
22: Authorising Timaru City Council to use certain land for cemetery purposes
1: Notwithstanding the provisions of section 60 of the Cemeteries Act 1908 section 52 of that Act
2: The land to which this section relates is particularly described as follows: Firstly, all that area in the City of Timaru containing 1 rood, more or less, being Lot 113 on a plan deposited in the Land Registry Office at Christchurch as No 263, and being the whole of the land comprised and described in certificate of title, Volume 59, folio 158, Canterbury Registry. Secondly, all those areas in the City of Timaru containing together 2 roods, more or less, being Lots 109 and 112 on a plan deposited in the Land Registry Office at Christchurch as No 263, and being the whole of the land comprised and described in certificates of title, Volume 37, folio 255, and Volume 38, folio 284, Canterbury Registry.
23: Authorising Upper Hutt Borough Council to transfer certain land to Wellington Free Ambulance Service (Incorporated)
Section 23 repealed 18 November 1992 section 6(1) Local Legislation Act 1992
24: Validating variation of terms of raising certain loan money by Waipukurau Borough Council
Section 24 repealed 18 November 1992 section 6(1) Local Legislation Act 1992
25: Authorising Westport Borough Council to reclaim certain tidal land
Whereas the Mayor, Councillors, and Citizens of the Borough of Westport (in this section referred to as the Corporation And whereas it is expedient that the Corporation be authorised to reclaim that land and that provision be made for the vesting in the Corporation for municipal purposes of certain portions of the land so reclaimed: Be it therefore enacted as follows:
1: Notwithstanding anything in section 175 of the Harbours Act 1950 sections 176 to 182 of that Act
2: This section shall be deemed a special Act for the purposes of the Harbours Act 1950
3: For the purposes aforesaid the Corporation may enter into any contract with any person for the execution of all or any works which may be necessary or expedient in or about the reclamation of the land aforesaid upon such terms and subject to such conditions as may seem proper and reasonable to the Corporation.
4: The Governor-General may, by Order in Council, vest in the Corporation for municipal purposes, such portions of the land shown coloured blue on the said plan as are from time to time reclaimed from the sea, and upon such vesting any trusts, reservations, and restrictions theretofore affecting the land vested shall be deemed to be cancelled.
5: An order under this section is secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 25(5) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
26: Authorising Tawa Borough Council to refund to District Fund Account from loan money
Section 26 repealed 18 November 1992 section 6(1) Local Legislation Act 1992 Harbour boards
27: Validating expenditure incurred by Marlborough Harbour Board in connection with the opening of its new wharves
Section 27 repealed 18 November 1992 section 6(1) Local Legislation Act 1992
28: Authorising Napier Harbour Board to grant a lease
Section 28 repealed 18 November 1992 section 6(1) Local Legislation Act 1992
29: Provision with respect to certain agreements entered into by Wellington Harbour Board with the Crown
Whereas Her Majesty the Queen acting through the Minister of Railways (in this section referred to as the Minister Board And whereas the Board undertook with the Minister that the Board would construct and provide part of the ferry terminal facilities at the Port of Wellington: And whereas by the Wellington Harbour Board Loan and Empowering Act 1959 Act Harbours Act 1950 And whereas after the passing of the Act it was found that the said facilities could be more suitably located elsewhere, namely at Aotea Quay wharf at the Port of Wellington: And whereas the said facilities have now been constructed as shown on NZR Plan Number LO 18160: And whereas the location of the facilities is not that specified in the Act: And whereas the terminal building forming part of the facilities is partly on land of the Board and partly on railway land: And whereas, in consideration of the provision of the facilities by the Board, the Minister undertook to pay to the Board and the Board undertook to receive certain payments for the use of the facilities by the Minister and his vessels and for services to be rendered and rights granted by the Board: And whereas the Minister and the Board have entered into 2 agreements, each dated 3 July 1963, for the purpose of giving effect to their respective undertakings and to certain other ancillary matters, and copies of the agreements (in this section referred to as the 2 agreements And whereas it is desirable to validate the acts, matters, and things already done by the Board as aforesaid in providing its part of the said terminal facilities, and to authorise the Board and the Minister to carry out the terms and conditions of the 2 agreements, and to do all acts, matters, and things provided for therein: Be it therefore enacted as follows:
1: Notwithstanding the provisions of section 3 of the Act
2: Notwithstanding the provisions of section 5 of the Act
3: Notwithstanding anything contained in the Harbours Act 1950
30: Authorising expenditure by the Whangarei Harbour Board in connection with opening ceremony
Section 30 repealed 18 November 1992 section 6(1) Local Legislation Act 1992 Catchment boards
31: Validating refund to land owners from loan money by Southland Catchment Board
Section 31 repealed 18 November 1992 section 6(1) Local Legislation Act 1992
32: Further provision with respect to rating of certain land in Wairarapa Catchment District
Whereas by section 28 section 44 section 41 And whereas new classifications of the land in the former Kahutara and South Wairarapa River Districts have now been adopted by the Wairarapa Catchment Board (in this section referred to as the Board And whereas the Board has made and levied rates on the land in the former Kahutara and South Wairarapa River Districts for the year ending with 31 March 1964, according to the new classifications, but had no authority to do so: And whereas it is desirable that the action of the Board be validated: Be it therefore enacted as follows:
1: The action of the Board in making and levying rates in the former Kahutara and South Wairarapa River Districts for the year ending with 31 March 1964, according to a classification list made under the Soil Conservation and Rivers Control Act 1941
(2), (3): Amendment(s) incorporated in the Act(s). Drainage boards Heading repealed 18 November 1992 section 6(1) Local Legislation Act 1992
33: Validating the application of certain loan money by Raupo Drainage Board
Section 33 repealed 18 November 1992 section 6(1) Local Legislation Act 1992
34: Validating refund to General Account from loan money by Christchurch Drainage Board
Section 34 repealed 18 November 1992 section 6(1) Local Legislation Act 1992
35: Validating
ex gratia Section 35 repealed 18 November 1992 section 6(1) Local Legislation Act 1992 Affecting 2 or more classes of public bodies
36: Authorising Gisborne City Council to enter into an agreement with certain local authorities with respect to Gisborne Aerodrome
Whereas the Gisborne City Council, the Cook County Council, the Uawa County Council, the Waiapu County Council, and the Waikohu County Council (in this section referred to as the local authorities section 31 of the Finance Act (No 3) 1944 principal agreement Minister works And whereas the cost of the works is to be shared equally between the Crown and the local authorities: And whereas the local authorities' half share of such cost is to be apportioned between them as follows: Gisborne City Council, 24 forty-eighths: Cook County Council, 12 forty-eighths: Uawa County Council, 2 forty-eighths: Waiapu County Council, 3 forty-eighths: Waikohu County Council, 7 forty-eighths: And whereas the Uawa County Council and the Waikohu County Council agreed to pay their respective shares on demand in cash, and the Gisborne City Council, the Cook County Council, and the Waiapu County Council, agreed that the Gisborne City Council should raise a loan or loans to meet their shares of the cost: And whereas on 7 May 1963, the Local Authorities Loans Board sanctioned the raising by the Gisborne City Council of a loan of 89,375 pounds to be known as the Gisborne Airport Loan 1963: And whereas the Gisborne City Council, the Cook County Council, and the Waiapu County Council propose to enter into an agreement (in this section referred to as the subsidiary agreement And whereas doubts have arisen as to the powers of the Gisborne City Council, the Cook County Council, and the Waiapu County Council to enter into and be bound by the subsidiary agreement: And whereas it is desirable to remove those doubts: Be it therefore enacted as follows:
1: Notwithstanding anything to the contrary in any Act or rule of law, the Gisborne City Council, the Cook County Council, and the Waiapu County Council are hereby authorised and empowered to enter into and perform their several obligations under the subsidiary agreement, which shall be binding on all the parties thereto.
2: The subsidiary agreement may provide—
a: for the payment to the Gisborne City Council by any other party to the subsidiary agreement of any contribution payable by that party under that agreement, either in one sum, or by instalments spread over any period, or by yearly or other payments as and when the costs of the local authorities under the principal agreement are ascertained:
b: for the payment to the Gisborne City Council by any other party to the subsidiary agreement in respect of money payable by that party of interest at such rate as the Minister of Finance approves:
c: for the giving by any party to the subsidiary agreement of security for the payment of any money payable by that party under that agreement:
d: for such other terms and conditions as may be mutually agreed upon and which are in the opinion of the Minister incidental to the general arrangement.
3: For the purpose of providing any money to be paid or expended under the principal agreement by the Gisborne City Council or any other local authority which is a party to the subsidiary agreement, the Gisborne City Council may from time to time borrow money by way of special loan under the Local Authorities Loans Act 1956 section 34 of that Act
4: Where the contributions to be paid by any local authority to the Gisborne City Council under the subsidiary agreement are not all to be paid within the financial year in which the subsidiary agreement is entered into, those contributions or so much thereof as consist of principal shall be paid upon and subject to such terms and conditions as the Minister of Finance thinks fit, and nothing in Part 1 of the Local Authorities Loans Act 1956 Local Authorities Empowering (Aviation Encouragement) Act 1929
5: For the purpose of providing any contribution to be paid by any local authority to the Gisborne City Council under the subsidiary agreement, such local authority shall, in addition to any other rating power, have power to make, levy, and collect a rate over the whole of its district or over any defined part or parts thereof which, in its opinion, will be particularly benefited by the works.
6: If default is made by a local authority for more than 14 days in payment of the whole or part of any contribution due by it under the subsidiary agreement, the amount in respect of which default has been made, together with interest thereon at the rate of 5 pounds per centum per annum or at such other rate as may be provided by the subsidiary agreement, shall be recoverable as a debt due by the local authority in default to the Gisborne City Council.
7: A certificate under the hand of the Town Clerk of the Gisborne City Council shall, until the contrary is proved, be sufficient evidence of the amount in respect of which default has been made as aforesaid and of the date on which it was payable.
37: Provision with respect to an agreement entered into by the Hamilton City Council and certain local authorities as to Hamilton Airport
Section 37 repealed 18 November 1992 section 6(1) Local Legislation Act 1992
38: Authorising Hutt Valley Electric Power and Gas Board to transfer certain land to Petone Borough Council and to sell or lease certain land
Section 38 repealed 18 November 1992 section 6(1) Local Legislation Act 1992
39: Validating an agreement entered into between Manurewa Borough Council and Auckland Metropolitan Drainage Board
Section 39 repealed 18 November 1992 section 6(1) Local Legislation Act 1992
40: Validating an agreement between Nelson City Council and other local authorities as to establishment of museum
Section 40 repealed 10 December 1976 section 22(10) Local Legislation Act 1976
41: Provision with respect to an agreement entered into by Tauranga City Council and certain other local authorities with respect to Tauranga Aerodrome
Whereas by deed dated 31 August 1961 (in this section referred to as the principal deed Corporation And whereas by deed dated 1 December 1961 (in this section referred to as the subsidiary deed local authorities And whereas it was further agreed by the parties that the Corporation should raise a loan of 30,000 pounds to be known as the Tauranga Borough Council Aerodrome Loan 1960 (in this section referred to as the loan And whereas by Order in Council made on 21 December 1960, consent was given to the raising by the Corporation of the loan: And whereas doubts have arisen as to the powers of the local authorities to enter into and be bound by the provisions of the subsidiary deed: And whereas it is desirable to remove those doubts: Be it therefore enacted as follows:
1: Notwithstanding anything in any other Act or rule of law, the subsidiary deed shall be deemed to be and to have always been lawful.
2: The local authorities are hereby authorised and shall be deemed always to have been authorised to contribute to all annual loan charges for interest and debt repayment in respect of the loan and any future loans to be raised by the Corporation for the development and maintenance of the Tauranga Aerodrome in the shares and proportions and in the manner set forth in the subsidiary deed.
3: For the purpose of providing any money to be paid or expended under the principal deed by the Corporation, the Corporation may from time to time, borrow money by way of special loan under the Local Authorities Loans Act 1956 section 34 of that Act
4: Where the contributions to be paid by a local authority to the Corporation under the subsidiary deed are not all to be paid within the financial year in which the subsidiary deed is entered into, those contributions, or so much thereof as consist of principal, shall be paid upon and subject to such terms and conditions as the Minister of Finance thinks fit, and nothing in Part 1 of the Local Authorities Loans Act 1956 Local Authorities Empowering (Aviation Encouragement) Act 1929
5: For the purpose of providing any contribution to be paid by a local authority to the Corporation under the subsidiary deed, such local authority shall, in addition to any other rating power, have power to make, levy, and collect a rate over the whole of its district, or over any defined part or parts thereof which, in its opinion, will be particularly benefited by the works.
6: If default is made by a local authority for more than 14 days in payment of the whole or part of any contribution due by it under the subsidiary deed, the amount in respect of which default has been made together with interest thereon at the rate of 5 pounds per centum per annum or at such rate as may be provided by the subsidiary deed, shall be recoverable as a debt due by the local authority in default to the Corporation.
7: A certificate under the hand of the Town Clerk of the Tauranga City Council shall, until the contrary is proved, be sufficient evidence of the amount in respect of which default has been made as aforesaid, and of the date on which it was payable.
42: Authorising Wellington City Council to transfer certain portions of street to Wellington Harbour Board
Whereas the Wellington Harbour Board (in this section referred to as the Board Wellington Harbour Board Loan and Empowering Act 1961 And whereas for the purposes of carrying out those works the Board requires the fee simple of 2 pieces of land now vested in the Wellington City Council (in this section referred to as the Council And whereas the Council has agreed with the Board to take the necessary steps under the Municipal Corporations Act 1954 And whereas the Council has agreed upon completion of the said stopping to transfer the stopped portions to the Board without payment of any compensation: And whereas it is desirable that the Council be authorised to complete the transfer to the Board: Be it therefore enacted as follows:
1: The Council is hereby authorised and empowered, upon the said portions being stopped as street as aforesaid, to transfer the same to the Board in fee simple without the Board making any payment of compensation to the Council therefor.
2: The District Land Registrar for the Wellington Land Registration District is hereby authorised, on the deposit of such plans as he may require, to accept such documents for registration, to issue such certificates of title, and to do all such other things as may be necessary to give effect to the provisions of this section.
3: The portions of street to which this section relates are more particularly described as follows: Those portions of street to be stopped in the Wellington Land District, situated in the City of Wellington, containing firstly, 26 perches and 36 one-hundredths of a perch, more or less, being part Chaffers Street passing through Reserve K and adjoining Lots 22 and 23, DP 4798, and part of the land in DP 7468; and secondly, 38 perches and 27 one-hundredths of a perch, more or less, being the unnamed street approach to Clyde Quay Wharf passing through Reserve K and adjoining Lot 23, DP 4798, and part of the land in DP 7468; the said portions of street being more particularly defined and shown coloured green on Survey Office Plan numbered 25690 lodged in the Office of the Chief Surveyor at Wellington.
43: Validating agreement entered into between Manukau County Council and Auckland Metropolitan Drainage Board
Section 43 repealed 18 November 1992 section 6(1) Local Legislation Act 1992 Miscellaneous provisions Heading repealed 18 November 1992 section 6(1) Local Legislation Act 1992
44: Authorising Flaxbourne Rabbit Board to refund to General Account from loan money
Section 44 repealed 18 November 1992 section 6(1) Local Legislation Act 1992