Local Legislation Act 1973

1: Short Title
This Act may be cited as the Local Legislation Act 1973. City and borough councils
2: Authorising Hawera Borough Council to raise a special loan
Whereas the Hawera Borough Council (in this section referred to as the Council And whereas it is desirable to authorise the Council to raise a special loan not exceeding $4,400 for the purpose of refunding to its District Fund Account the sum so expended: 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 an amount not exceeding $4,400 for the purpose of refunding to its District Fund Account the sum so expended from it; and, notwithstanding section 34 of that Act, the special loan may be raised without the prior consent of the ratepayers.
3: Authorising refund by Takapuna City Council to District Fund Account from loan money
Whereas before the Takapuna City Council (in this section referred to as the Council loan And whereas authority to raise the loan has since been obtained and it is desirable to authorise the Council to refund that sum to its District Fund Account out of the proceeds of the loan: Be it therefore enacted as follows: The Council is hereby authorised to refund the sum of $20,000 to its District Fund Account out of the proceeds of the loan.
4: Validating certain expenditure by Mount Roskill Borough Council
Whereas the Mount Roskill Borough Council (in this section referred to as the Council And whereas the Council had no authority to expend that sum for those purposes: And whereas it is desirable to validate the expenditure of that sum: Be it therefore enacted as follows: The action of the Council in expending the sum of $4,574 during its financial year ended with 31 March 1973 for purposes connected with certain celebrations held to mark the 25th anniversary of Mount Roskill Borough is hereby validated and declared to be lawful.
5: Authorising refund by Marton Borough Council to District Fund Account from loan money
Whereas before the Marton Borough Council (in this section referred to as the Council loan And whereas authority to raise the loan has since been obtained and it is desirable to authorise the Council to refund that sum to its District Fund Account out of the proceeds of the loan: Be it therefore enacted as follows: The Council is hereby authorised to refund the sum of $5,358 to its District Fund Account out of the proceeds of the loan.
6: Authorising Tauranga City Council to raise a special loan (No 1)
Whereas the Tauranga City Council (in this section referred to as the Council And whereas the amount of that loan was insufficient to enable the completion of that work: And whereas the Council expended out of its District Fund Account the sum of $7,000 to complete the work: And whereas it is desirable to authorise the raising of a loan to enable the Council to refund that sum to its District Fund Account: 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 an amount not exceeding $7,000 for the purpose of refunding to its District Fund Account the sum so expended from it.
7: Authorising Tauranga City Council to raise a special loan (No 2)
Whereas the Tauranga City Council (in this section referred to as the Council And whereas the amount of that loan was insufficient to enable the completion of that work: And whereas the Council expended out of its District Fund Account the sum of $26,500 to complete the work: And whereas it is desirable to authorise the raising of a loan to enable the Council to refund that sum to its District Fund Account: 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 an amount not exceeding $26,500 for the purpose of refunding to its District Fund Account the sum so expended from it.
8: Authorising Balclutha Borough Council to raise a special loan
Whereas the Balclutha Borough Council (in this section referred to as the Council And whereas it is desirable to authorise the Council to raise a loan of not more than $9,600 for the purpose of refunding that sum to its District Fund Account: 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 an amount not exceeding $9,600 for the purpose of refunding that sum to its District Fund Account; and, notwithstanding section 34 of that Act, the special loan may be raised without the prior consent of the ratepayers.
9: Provision with respect to certain land in Eketahuna Borough
Whereas the land described in subsection (4) is vested in Gustav Bengsten: And whereas no descendants of Gustav Bengsten can be traced: And whereas the Corporation consisting of the Eketahuna Borough Council And whereas the Eketahuna Borough Council has resolved to transfer the land to its occupier, Annie May Clout, but has no authority to do so: Be it therefore enacted as follows:
1: The land described in subsection (4) is hereby vested in the Corporation freed and discharged from any trusts affecting it.
2: The Corporation is hereby authorised to execute a memorandum of transfer of the land to Annie May Clout.
3: The
4: The land to which this section relates is described as follows: All that parcel of land containing 505 square metres, more or less, being part Section 13, Eketahuna Settlement, in Block V, Mangaone Survey District, and being part of the land comprised and described in certificate of title Volume 37, folio 83, Wellington Land Registry; and also being the land shown edged in red on the plan deposited with the Secretary for Local Government, Head Office, Department of Internal Affairs, Wellington. Section 9 amended 1 April 1978 section 9(6) Local Government Amendment Act (No 3) 1977 Section 9(3) amended 1 June 2002 section 38(2) Land Transfer (Computer Registers and Electronic Lodgement) Amendment Act 2002
10: Authorising the Northcote Borough Council to make contributions towards the North Shore Young Men's Christian Association Community Sports and Recreation Centre, and authorising refund to District Fund Account for contributions already made
Whereas the Northcote Borough Council (in this section referred to as the Council Association And whereas the community centre is situated outside the boundary of Northcote Borough, being on land which is to be vested in the Takapuna City Council And whereas any such grant by the Council from its Reserves Contributions Account would be contrary to section 351C of the Municipal Corporations Act 1954: And whereas the Council had, during the financial year ended with 31 March 1973, granted to the Takapuna City Council on behalf of the Association the first payment of $1,500: And whereas that payment was made from the Council's District Fund Account: And whereas it is desirable to authorise the Council to refund a sum of $1,500 to its District Fund Account from its Reserves Contributions Account, and to authorise the payment of the balance of the proposed grant from that account: Be it therefore enacted as follows:
1: Notwithstanding section 351C of the Municipal Corporations Act 1954, the Council is hereby authorised to grant from its Reserves Contributions Account, to the Takapuna City Council on behalf of the Association, the sum of $1,500 during each of the financial years ending with 31 March in 1974 and in 1975 for the purpose of assisting in the construction and equipping of a community sports and recreation centre on the land leased by the Association in the Orewa Domain.
2: The grant of $1,500 by the Council from its District Fund Account to the Takapuna City Council on behalf of the Association during the financial year ended with 31 March 1973 is hereby validated.
3: The Council is hereby authorised to refund to its District Fund Account the sum of $1,500 from its Reserves Contributions Account. Section 10 amended 1 April 1978 section 9(6) Local Government Amendment Act (No 3) 1977
11: Provision with respect to certain land vested in Whangarei City Corporation for a street
Whereas the land described in subsection (3) is vested in the City Council Corporation And whereas the land is no longer required for this purpose and it is desired to vest the land in the Corporation for general municipal purposes: Be it therefore enacted as follows:
1: The land described in subsection (3) is declared to be held by the Corporation as an estate in fee simple for general municipal purposes but freed and discharged from all other reservations and restrictions.
2: The
3: The land to which this section relates is described as follows: All that parcel of land containing 890.3 square metres, more or less, situated in the Borough of Whangarei, being part of Allotment 2, Parish of Whangarei, situated in Block VIII, Purua Survey District, and being all the land comprised and described in certificate of title Volume 1029, folio 142, North Auckland Land Registry. Section 11 amended 1 April 1978 section 9(6) Local Government Amendment Act (No 3) 1977 Section 11(2) amended 1 June 2002 section 38(2) Land Transfer (Computer Registers and Electronic Lodgement) Amendment Act 2002
12: Varying date on which farmland roll of Upper Hutt City Council comes into force
Whereas on 1 April 1973 the Rimutaka Riding of Hutt County was amalgamated within the boundaries of the City of Upper Hutt: And whereas following that amalgamation application was made to the Upper Hutt City Council (in this section referred to as the Council And whereas any such roll would, under section 133 of the Rating Act 1967, come into force on 1 April 1974: And whereas it is desirable that the farmland roll come into force on 1 April 1973: Be it therefore enacted as follows:
1: Notwithstanding section 133 of the Rating Act 1967, the farm-land roll prepared by the Council following the amalgamation of the Rimutaka Riding of Hutt County within the boundaries of the City of Upper Hutt shall be deemed to have come into force on 1 April 1973.
2: The Council is hereby authorised and empowered to refund to the persons entitled any rates found to be overpaid as a consequence of subsection (1).
13: Validating purchase of land by the Invercargill City Council on a system of time payment
Whereas the Invercargill City Council (in this section referred to as the Council Trust And whereas the Council agreed to pay the purchase price of $40,000 by a deposit of $1,000 on 20 March 1972, a sum of $18,000 on 1 April 1972, and the balance of $21,000 (together with interest on all unpaid purchase money from 20 March 1972 at the rate of 6% per annum) on or before 31 March 1974: And whereas the approval of the Minister of Local Government to the transaction as required by section 165 of the Municipal Corporations Act 1954 was not obtained: And whereas it is desirable to validate the actions of the Council: Be it therefore enacted as follows:
1: The action of the Council in agreeing with the Trust to purchase from it the land described in subsection (3) on the terms and conditions set out in an agreement for sale and purchase dated 16 March 1972 is hereby validated and declared to be lawful, and the agreement is hereby confirmed and declared to have full force and effect according to its tenor.
2: The actions of the Council in making payments to the Trust of any instalments of purchase price and interest due under the said agreement are hereby validated and declared to be lawful.
3: The land to which this section relates is described as follows: First: All that piece of land situated in the City of Invercargill containing 1012 square metres, more or less, being Section 5, Block X, Town of Invercargill, and being all the land comprised and described in certificate of title Volume B3, folio 934, Southland Registry, subject as to part to a right of way (limited as to user) created by memorandum of transfer 200138, the right of way being subject to section 351E(1)(a) of the Municipal Corporations Act 1954: Secondly: All that piece of land situated in the City of Invercargill containing 303 square metres, more or less, being Lot 2 on Deposited Plan 6483, and being also part of Section 6, Block X, Town of Invercargill, and being all the land comprised and described in certificate of title Volume B1, folio 1336, Southland Registry, subject as to part to a right of way created by memorandum of transfer 200138, the right of way being subject to section 351E(1)(a) of the Municipal Corporations Act 1954.
14: Authorising and empowering the Cambridge Borough Corporation to grant a lease on special terms
Whereas pursuant to the Public Works Act 1928 Municipal Corporations Act 1954 Borough Council Corporation described land And whereas the described land is vested in Crows' Nest Properties Limited a company duly incorporated under the Companies Act 1955 and having its registered office in Cambridge (in this section referred to as the Company And whereas the Company has agreed to transfer the described land to the Corporation in consideration of the Corporation granting to the Company a lease in perpetuity of certain land for grazing purposes free of rent, and of also granting to the Company and to the Trustees of the Leslie Waite Family Trust (in this section referred to as the Trustees And whereas the Corporation has no legal authority to do any of the things it has agreed to do: Be it therefore enacted as follows:
1: The actions of the Corporation in entering into the agreement dated 20 December 1966 with the Company, and of entering into the agreement dated 29 August 1973 with the Company and the Trustees, are hereby validated and declared to be lawful.
2: Subject to the terms and conditions of the agreements, the Corporation is hereby authorised and empowered to—
a: grant in perpetuity a lease for the purposes of grazing livestock free of rent and an easement for a free supply of water sufficient for all reasonable domestic purposes and for all farming purposes (except irrigation) to the Company and its successors or assigns, the grant in each case being in respect of all those parcels of land containing together 37.8995 hectares, more or less, being part Lot 1 on Deposited Plan 19889, being Allotment 164 and Part Allotments 227 and 234, Parish of Pukekura, situated in Block XIV, Cambridge Survey District, subject to a water easement created by memorandum of transfer S 190308 over the said part Lot 1 and to a right of way created by memorandum of transfer S 189149 over the said part Lot 1 and part Allotment 227, and being the land comprised and described in certificate of title Volume 8, folio 65, and part certificates of title Volume 602, folio 19, and Volume 1746, folio 14, South Auckland Land Registry; and
b: grant in perpetuity an easement for a free supply of water sufficient for all reasonable domestic purposes and for all farming purposes (except irrigation) to the Trustees and their successors or assigns in respect of all that parcel of land containing 35.4833 hectares, more or less, being Lot 2 on Deposited Plan 25322, being part Allotments 148, 149, and 150, Parish of Pukekura, situated in Blocks X and XIV, Cambridge Survey District, and being the land comprised and described in certificate of title Volume 740, folio 15, South Auckland Land Registry.
3: The form of any instrument executed pursuant to subsection (2) shall be agreed with the Land Transfer Act 1952
4: For the purposes of the Land Transfer Act 1952 section 2
5: The described land to which this section relates is described as follows: All that parcel of land containing 6,214 square metres, more or less, being Lot 1 on Deposited Plan S 9154, being part Allotments 227 and 234, Parish of Pukekura, situated in Block XIV, Cambridge Survey District, subject to a right of way appurtenant to Lot 2 on Deposited Plan 19889 as created by memorandum of transfer S 189149, and also subject to a water easement in gross created by memorandum of transfer S 190308, and being part of the land comprised and described in certificates of title Volume 1746, folio 14, and Volume 602, folio 19, South Auckland Land Registry. Section 14 amended 1 April 1978 section 9(6) Local Government Amendment Act (No 3) 1977 (1977 No 122). Section 14(3) amended 1 June 2002 section 38(2) Land Transfer (Computer Registers and Electronic Lodgement) Amendment Act 2002
15: Amending the Manukau City Empowering (Rates Remission) Act 1969
Section 15 repealed 1 April 1974 Manukau City Empowering (Drainage and Sewerage Rates Remission) Act 1974 County councils
16: Authorising Taranaki County Council to make a grant to the Taranaki Education Board
Whereas the Taranaki County Council (in this section referred to as the Council Board And whereas the Fitzroy School is situated outside the boundary of Taranaki County: And whereas any such grant would be made from reserves contribution money to which section 28(8) And whereas the Council has no power to make such a grant from such money: Be it therefore enacted as follows: Notwithstanding the Counties Amendment Act 1961
17: Validating rates levied by Eltham County Council
Whereas, on 20 August 1971, the Eltham County Council (in this section referred to as the Council And whereas the Council in accordance with sections 52 and 53 of the Rating Act 1967 had, by resolution duly confirmed and publicly advertised, made and levied a rate of 1.88 cents in the dollar on the unimproved value of all rateable land in the Kaponga Riding: And whereas it was the intention of the Council that a rate of 2.07 cents in the dollar on the unimproved value of all rateable land in that Riding should have been made and levied: Be it therefore enacted as follows:
1: Notwithstanding sections 52 and 53 of the Rating Act 1967, the action of the Council in assessing and collecting rates in the Kaponga Riding of Eltham County calculated on the basis of a rate of 2.07 cents in the dollar on the unimproved value of all rateable land within that Riding is hereby validated and declared to be lawful.
2: All money received by the Council in payment of such rates shall be deemed to have been lawfully paid to and received by the Council; and any such rates not yet paid shall be lawfully payable to the Council.
18: Validating refund by Franklin County Council to County Fund Account from loan money
Whereas, before the Franklin County Council (in this section referred to as the Council loan And whereas authority to raise the loan has since been obtained and the Council has refunded that sum to its County Fund Account out of the proceeds of the loan but had no authority to do so: And whereas it is desirable to validate the refund: Be it therefore enacted as follows: The action of the Council in refunding the sum of $13,183.27 to its County Fund Account out of the proceeds of the loan is hereby validated and declared to be lawful.
19: Validating certain payments made by the Waitotara County Council for premiums on endowment assurance policies for its employees
Whereas between 4 June 1964 and 9 February 1973 the Waitotara County Council (in this section referred to as the Council And whereas the scheme was not established as a superannuation scheme under section 25 And whereas the Council has not paid any further premiums: And whereas it is desirable that the payments already made by the Council be validated: Be it therefore enacted as follows: The payments amounting to $5,401.27 made by the Council between 4 June 1964 and 9 February 1973 for premiums on endowment assurance policies taken out by the Council with the Provident Life Assurance Company Limited in the names of individual employees of the Council are hereby validated.
20: Authorising Otorohanga County Council to raise a special loan
Whereas the Otorohanga County Council (in this section referred to as the Council And whereas it is desirable to authorise the raising of a loan for the purpose of enabling the Council to refund those sums to its County Fund Account: 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 an amount not exceeding $51,000 for the purpose of refunding to its County Fund Account the sums so expended from it; and, notwithstanding section 34 of that Act, the special loan may be raised without the prior consent of the ratepayers.
21: Authorising the Whangaroa County Corporation to purchase land on a system of time payment
Whereas William John Cameron Bond and George Ernest John Hutcherson, both of Kaeo, company directors (in this section referred to as the vendors County Council Corporation And whereas it is desirable that the Corporation be authorised and empowered to accept the offer and to purchase the land: Be it therefore enacted as follows:
1: The Corporation is hereby authorised and empowered to purchase the land described in subsection (7) from the vendors and to execute a memorandum of mortgage of that land as mortgagor in favour of the vendors as mortgagees to secure the purchase price.
2: Notwithstanding section 185 of the Counties Act 1956 or section 3 of the Local Authorities Loans Act 1956, the Corporation is hereby authorised to pay as the purchase price for the said land the sum of $125,757.23 (which sum includes capitalised interest at a rate of 6% on a principal sum of $52,550, computed from 1 January 1973 for a period of 35 years with half-yearly rests) by successive half-yearly payments each of $1,800 until the expiry of a period of 35 years, or until the death of the last to survive of the vendors and Mary Froude Bond, whichever event be the sooner.
3: The payments of purchase money shall be made to the vendors in equal shares and, on the death of one of the vendors, to the surviving vendor.
4: For the purposes of subsection (3), the payments of purchase money shall, from the date of death of William John Cameron Bond, be made to Mary Froude Bond (if she is then living) to the same extent as if she were a vendor instead of the said William John Cameron Bond.
5: Where any memorandum of mortgage is executed pursuant to subsection (1) and is registered, and where the payments of the purchase price for the land cease before the expiry of a period of 35 years as is provided in subsection (2), then, on giving proof to the satisfaction of the
6: The Corporation is hereby further authorised to pay to the respective personal representatives of the vendors and Mary Froude Bond the amount (if any) by which estate or other duties assessed in respect of the dutiable estate of each of the vendors and Mary Froude Bond shall be increased by virtue of the terms of the sale of the land.
7: The land to which this section relates is described as follows: All that parcel of land containing 2.2602 hectares, more or less, being part Lot 1 on Deposited Plan 54531, being part Allotment 2, Parish of Mahinepua, and being all the land comprised and described in certificate of title Volume 26B, folio 334, North Auckland Land Registry. Section 21 amended 1 April 1978 section 9(7) Local Government Amendment Act (No 3) 1977 Section 21(5) amended 1 June 2002 section 38(2) Land Transfer (Computer Registers and Electronic Lodgement) Amendment Act 2002 Miscellaneous provisions
22: Abolition of Hutt Valley Joint Transit Housing Committee
Whereas the Hutt Valley Joint Transit Housing Committee (in this section referred to as the Committee section 36 And whereas the functions of the Committee have now ceased owing to the completion of the transit housing scheme described in subsection (9) of that section: Be it therefore enacted as follows:
1: The Committee is hereby abolished.
2: Section 36
3: The Local Authorities (Members' Interests) Act 1968 Part 2
23: Validating rates levied by Kaikoura Pest Destruction Board
Whereas the Kaikoura Pest Destruction District was constituted by the Union of Conway, Kekerengu, Ohau, and Marlborough Coast Pest Destruction Districts Order 1971 as published in the Gazette And whereas it is declared in that order that the basis on which the Board for the said district shall first levy its general rate shall be the acreage of the land occupied by the ratepayer: And whereas the Board for the said district has continued to levy rates in respect of the land formerly comprising the Conway Pest Destruction District on a capital value basis instead of on the acreage basis prescribed by the order in compliance with section 26(1) of the Agricultural Pests Destruction Act 1967: Be it therefore enacted as follows: Notwithstanding the Union of Conway, Kekerengu, Ohau, and Marlborough Coast Pest Destruction Districts Order 1971, the action of the Kaikoura Pest Destruction Board in levying its general rate in respect of the land formerly comprising the Conway Pest Destruction District on a capital value basis for the rating years ended with 31 March 1972 and 31 March 1973 is hereby validated.
24: Validating rates levied by Eltham Drainage Board
Whereas on 11 December 1972 the Eltham Drainage Board (in this section referred to as the Board And whereas that rate, not being on a graduated scale according to the classification of the rateable land, was assessed contrary to the Land Drainage Act 1908 Be it therefore enacted as follows:
1: Notwithstanding section 3(1)
2: All money received by the Board in payment of such rates shall be deemed to have been lawfully paid to and received by the Board; and any such rates not yet paid shall be lawfully payable to the Board.
3: The land classification and rate to which this section apply are— Land classified by board Rate on land value General rate Class A 0.12 cents in the dollar Class B 0.08 cents in the dollar Class C 0.08 cents in the dollar Main drain improvement loan rate Class A 0.18 cents in the dollar Class B 0.11 cents in the dollar Class C 0.11 cents in the dollar
25: Amending the Auckland Harbour Board (Half Moon Bay) Vesting and Empowering Act 1968
The Auckland Harbour Board (Half Moon Bay) Vesting and Empowering Act 1968 Schedules 1 2 Schedule