Local Legislation Act 1972

1: Short Title
This Act may be cited as the Local Legislation Act 1972. City and borough councils
2: Amending section 28 of the Local Legislation Act 1964
1: Amendment(s) incorporated in the Act(s)
2: This section shall be deemed to have come into force on 1 April 1972.
3: Section 3
3: Authorising refund by Huntly Borough Council to District Fund Account from loan money
Whereas, before the Huntly 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 $2,735.41 to its District Fund Account out of the proceeds of the loan.
4: Authorising Te Kuiti Borough Council to raise a special loan
Whereas the Te Kuiti Borough Council (in this section referred to as the Council And whereas the Council also expended out of its District Fund Account the sum of $18,000 to repay the balance outstanding in respect of its Waterworks Improvement Loan 1959 of $30,000: 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 those sums to its District Fund Account: And whereas it is desirable to authorise the Council to raise a loan of not more than $68,135 for the purpose of refunding to its District Fund Account the sums so expended from that 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 $68,135 for the purpose of refunding to its District Fund Account the sums so expended from that account; and, notwithstanding section 34 of that Act, the special loan may be raised without the prior consent of the ratepayers.
5: Authorising Feilding Borough Council to raise a special loan
Whereas authority was given to the raising by the Feilding Borough Council (in this section referred to as the Council And whereas authority was given under section 7 And whereas the amount of those loans has been insufficient to enable the completion of the work: And whereas the Council has expended out of its District Fund Account a sum not exceeding $50,000 to complete the work: And whereas the Local Authorities Loans Board has no authority to sanction the raising of a loan to enable the Council to refund that sum to its District Fund Account: And whereas it is desirable to authorise the Council to raise a special loan not exceeding $50,000 for the purpose of refunding to its District Fund Account the sum so expended from that 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 $50,000 for the purpose of refunding to its District Fund Account the sum so expended from that account.
6: Validating purchase of land by the City of Manukau on system of time payment
Whereas by agreement in writing dated 22 November 1967, the Mayor, Councillors, and Citizens of the City of Manukau (in this section referred to as the Corporation And whereas the approval of the Minister of Internal Affairs to the transaction was not obtained as required by section 165 of the Municipal Corporations Act 1954: And whereas it is desirable to validate the actions of the Corporation: Be it therefore enacted as follows:
1: The action of the Corporation in agreeing with the Maori Trustee to purchase from him the land described in subsection (3) at the price of $36,740 to be paid by instalments extending over a period of 10 years together with interest at the rate of 6% a year on the balance of the purchase price from time to time remaining unpaid in the manner set forth in the said agreement is hereby validated and declared to have been lawful, and the said agreement is hereby confirmed and declared to have full force and effect according to its tenor.
2: The actions of the Corporation in making payments to the Maori Trustee of instalments of purchase price and interest due under the said agreement are hereby validated and declared to have been lawful.
3: The land to which this section relates is more particularly described as follows: All that piece of land situated in the North Auckland Land Registration District and in the City of Manukau containing 5 acres 3 roods 36 perches, more or less, being the block situated in Block II of the Wairoa Survey District called Maraetai 8, and being the whole of the land comprised in a Partition Order of the Maori Land Court made on 8 April 1964.
7: Authorising refund by Petone Borough Council to District Fund Account
Whereas the Petone Borough 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 that sum to its District Fund Account: And whereas it is desirable to authorise the Council to raise a special loan of not more than $11,800 for the purpose of refunding to its District Fund Account the sum so expended from that 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 $11,800 for the purpose of refunding to its District Fund Account the sum so expended from that account; and, notwithstanding section 34 of that Act, the special loan may be raised without the prior consent of the ratepayers.
8: Authorising Hamilton City Council to raise a special loan
Whereas the Hamilton City Council (in this section referred to as the Council And whereas the liability of the Council to its bankers in respect of such costs and the additional costs of work undertaken to control losses from the mains exceeded the sum of $250,000 on 31 March 1972: And whereas the Council desires to obtain authority to raise by way of a special loan a sum not exceeding $250,000, to be applied in reduction of that liability: 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 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 $250,000 for the purpose of refunding to its District Fund Account the sum so expended from that account; and, notwithstanding section 34 of that Act, the special loan may be raised without the prior consent of the ratepayers.
9: Authorising Birkenhead Borough Council to raise a special loan
Whereas the Birkenhead Borough 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 this sum to its District Fund Account: And whereas it is desirable to authorise the Council to raise a loan of not more than $25,191 for the purpose of refunding to its District Fund Account the sum so expended from that 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 $25,191 for the purpose of refunding to its District Fund Account the sum so expended from that account; and, notwithstanding section 34 of that Act, the special loan may be raised without the prior consent of the ratepayers.
10: Validating expenditure by the Waiuku Borough Council of certain money from its Sewerage Loan Account, and validating refund by Waiuku Borough Council to that account
Whereas before the Waiuku Borough Council (in this section referred to as the Council loan And whereas the Council had no authority to do so: And whereas after the loan was raised the Council refunded to its Sewerage Loan Account 1969 the sum of $2,408.13 but had no authority to do so: And whereas it is desirable to validate the Council's actions: Be it therefore enacted as follows: The action of the Council in expending the sum of $2,408.13 from its Sewerage Loan Account 1969 for purposes other than those for which the loan was raised, and the subsequent action of the Council in refunding that amount to its Sewerage Loan Account from its Waterworks Loan Account 1971, is hereby validated and declared to have been lawful.
11: Authorising the Cromwell Borough Council to make a transfer from its Land Sales Account to its District Fund Account
Whereas the Cromwell Borough Council has leased its motor camp on terms providing for improvements to be carried out for which compensation would be paid by the Council on completion of each 5 yearly term of the lease: And whereas the first 5 yearly term does not expire until 1976: And whereas in order that the lessee might continue these improvements the Council expended the sum of $2,500 from its District Fund Account in anticipation of the compensation payable to him in 1976: And whereas the Council now wishes to refund its District Fund Account by transferring this amount from its Land Sales Account: And whereas the money in that account is subject to the provisions of subsection (2) of section 150 of the Municipal Corporations Act 1954 and is required to be expended only on the purchase of other land to be held for the same purpose as the land sold: And whereas the Council holds adequate endowment lands for the purposes of the Borough of Cromwell: Be it therefore enacted as follows: Notwithstanding subsection (2) of section 150 of the Municipal Corporations Act 1954 the Council is hereby authorised to transfer the sum of $2,500 from its Land Sales Account to its District Fund Account.
12: Provision with respect to certain land vested in Whangarei City Council for a public abattoir site
Whereas pursuant to the Whangarei Abattoir-site Extension Act 1928, and Order in Council made on 21 December 1937, and published in the Gazette 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: Notwithstanding the Whangarei Abattoir-site Extension Act 1928 or the Order in Council or any other enactment or rule of law, 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 District Land Registrar of the North Auckland Land Registration District is hereby authorised and directed, without any fee being payable by the Council, to make such entries in his register and 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 parcel of land containing 25 acres 15.6 perches, more or less, being Section 8, Block XVI, Purua Survey District, formerly part of Section I, Block XVI, Purua Survey District, and being all the land comprised and described in certificate of title, Volume 697, folio 325, North Auckland Registry.
4: The Whangarei Abattoir-site Extension Act 1928 is hereby consequentially repealed.
13: Varying the purpose for which certain reclaimed land may be used by Wellington City Corporation
Whereas by section 4 Corporation And whereas the said parcel of land has not been reclaimed in full: And whereas it is desirable to authorise the Corporation to use such part of the reclaimed land and the area yet to be reclaimed that is not required for public baths for the erection and maintenance of any buildings thereon, or the leasing thereof, for any activity relating to the sport of rowing or any other aquatic sport: Be it therefore enacted as follows:
1: Notwithstanding the Wellington City Reclamation and Public Baths Act 1898 section 4
2: Any lease granted under subsection (1) to any sporting body or person shall be for such term and upon such conditions as the Corporation thinks fit.
3: The foreshore of any land reclaimed by the Corporation under the authority of section 4
4: This section shall be deemed to be a special Act for the purposes of section 150 of the Harbours Act 1950. County councils
14: Validating rates made by Tauranga County Council
Whereas the Tauranga County Council (in this section referred to as the Council And whereas public notice of its intention to make those rates was given by the Council in accordance with section 52 of the Rating Act 1967: And whereas no subsequent resolution was passed by the Council in accordance with section 53 of the Rating Act 1967 to make and levy the rates: And whereas, notwithstanding that the subsequent resolution was not passed, the Council did make and levy the rates: Be it therefore enacted as follows:
1: The rates specified in the resolution of intention to make rates for the year ending on 31 March 1969 recorded in the minutes of the ordinary meeting of the Council held on 20 May 1968 are hereby validated and declared to have been lawfully made on 1 July 1968 notwithstanding that the resolution in accordance with section 53 of the Rating Act 1967 was not passed by the Council in respect of those rates.
2: The action of the Council in levying and collecting the rates is hereby validated and declared to be lawful.
3: 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.
15: Authorising Bay of Islands County Council to raise a special loan
Whereas by Order in Council made on 1 June 1966 consent was given to the raising by the Bay of Islands County Council (in this section referred to as the Council And whereas on 5 July 1968 consent was given to the raising by the Council of a loan of $35,000 to be known as the Paihia Water Supply Loan No 2, 1968, for the purpose of meeting further expense incurred in providing the water supply system for the Paihia Water Supply District: And whereas after expending the amount of both of those loans the Council expended out of its County Fund Account the sum of $11,000 in completing this work: And whereas the Local Authorities Loans Board has no authority to sanction the raising of a loan to enable the Council to refund the said sum to its County Fund Account: And whereas it is desirable to authorise the Council to raise a special loan not exceeding $11,000 for the purpose of refunding to its County Fund Account the sum so expended from that 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 $11,000 for the purpose of refunding to its County Fund Account the sum so expended from that account.
16: Validating certain payments made by the Whangarei County Council towards a group assurance scheme provided by the Australian Mutual Provident Society
Whereas between 9 February 1970 and 27 October 1971, the Whangarei County Council (in this section referred to as the Council Society And whereas the group assurance scheme was not established as a superannuation scheme under section 25 And whereas the Council has ceased to participate in the scheme: And whereas it is desirable that the payments be validated: Be it therefore enacted as follows: The payments amounting to $8,372.44 made by the Council between 9 February 1970 and 27 October 1971 as a contribution towards a group assurance scheme provided by the Society for employees of the Whangarei County Council are hereby validated. Harbour boards
17: Authorising the Northland Harbour Board to vary area of land on lease to Whangarei City Council
Whereas under section 32 said section Board Council And whereas both the Board and the Council have agreed to vary the area of land included in the lease granted pursuant to the said section: Be it therefore enacted as follows:
1: The said section shall not apply to that piece of land containing 5 acres 2 roods 14.3 perches, more or less, being Lot 1 on Deposited Plan 65087, and being part of the land contained in certificates of title, Volume 1113, folio 139, and No 6A/512, North Auckland Registry.
2: The said section shall continue to apply to the balance of the land described in subsection (4) of that section and shall also relate to that piece of land containing 6 acres 3 roods 29.4 perches, more or less, being Lot 2 on Deposited Plan 65087 and being part of the land contained in certificates of title, Volume 1111, folio 139, and No 6A/512, North Auckland Registry, but so that the lease of the said Lot 2 on Deposited Plan 65087 shall expire on 31 December 1985.
3: The lease granted by the Board pursuant to the said section shall be construed subject to this section.
18: Amending the Marlborough Harbour Act 1958
1: Amendment(s) incorporated in the Act(s).
2: The following Orders in Council are hereby consequentially revoked:
a: the Marlborough Harbour Board Order 1965
b: the Marlborough Harbour Board Order 1967
c: the Marlborough Harbour Board Order 1968
d: the Order in Council made on 9 September 1968 redefining the limits of the Harbour of French Pass, and published in the Gazette Miscellaneous provisions
19: Validating a payment made by Otago High Schools Board
Whereas the Otago High Schools Board (in this section referred to as the Board And whereas the Board had no authority to make such a payment and it is desirable to validate it: Be it therefore enacted as follows: The action of the Board in so paying the sum of $3,243 to Dorothy Mary Kennedy is hereby validated and declared to have been lawful.
20: Authorising the Hutt River Board to incur certain expenditure in connection with the winding-up of the Board
Whereas the Hutt River Board (in this section referred to as the Board And whereas such expenditure would represent unauthorised expenditure by the Board: And whereas the sum which the Board is permitted to expend for unauthorised purposes would be insufficient to meet the costs of a function and the expenditure related thereto: Be it therefore enacted as follows: The Board is hereby authorised and empowered to expend a sum not exceeding $1,500 in connection with the winding-up of the affairs of the Board on 28 February 1973.
21: Validating purchase of highway improvement land by Auckland Regional Authority
Whereas the Auckland Regional Authority (in this section referred to as the Authority And whereas the Authority originally acquired the land for highway improvement purporting to act under section 34L And whereas the Authority desires to sell such parts of the land as are not required for highway improvement and it is desirable that the acquisition be validated: Be it therefore enacted as follows:
1: The acquisition of the land described in subsection (2) by the Authority is hereby validated and declared to be and always to have been lawful and as if such land, having first been declared by resolution under subsection (1) of section 34L
2: The land to which this section relates is more particularly described as follows: All those areas of land situated in the Borough of Mount Albert in the North Auckland Land Registration District, being— First Secondly
22: Validating actions and authorising the Wellington Harbour Board and the Wellington City Corporation to provide the Carter Memorial Fountain
Whereas the Wellington Harbour Board (in this section referred to as the Board Corporation Carter Memorial Fountain And whereas doubts have arisen as to the power of the Board and the Corporation to provide, erect, operate, or maintain the Carter Memorial Fountain: And whereas it is desirable to remove such doubts and to validate past actions of the Board and the Corporation in respect of the Carter Memorial Fountain: Be it therefore enacted as follows:
1: Any actions taken by the Board or the Corporation or payments made by the Board or the Corporation in respect of the Carter Memorial Fountain are hereby validated and declared to have been lawfully taken or made.
2: The Board and the Corporation are hereby authorised and empowered to provide, erect, operate, and maintain the Carter Memorial Fountain.
3: The provision, erection, operation, and maintenance of the Carter Memorial Fountain shall be subject to the requirements of the Harbours Act 1950.
23: Validating advance by the Waikato Valley Authority
Whereas on 15 April 1969 the Waikato Valley Authority (in this section referred to as the Authority And whereas the Authority as mortgagee accepted from its employee and his wife as mortgagor the first mortgage more particularly described in subsection (2) as security for the advance: And whereas the Authority had no power to make such an advance: And whereas it is desirable to validate the Authority's action in advancing the said sum to its employee and his wife as aforesaid and to remove any doubts as to the validity of the mortgage accepted by the Authority as security for the repayment of the said advance: Be it therefore enacted as follows:
1: The action of the Authority in advancing the sum of $11,000 to the employee and his wife is hereby validated and declared to have been lawful; and the mortgage executed in favour of the Authority as mortgagee shall be deemed to have been lawfully accepted by the Authority and shall have full force according to its tenor.
2: The mortgage to which this section relates is more particularly described as follows: Mortgage to secure the repayment of a principal sum of $11,000, registered No S445619, South Auckland Land Registry.
24: Transferring the control and management of Parkhurst Cemetery to Waitemata County Council
Whereas by notice dated 3 November 1964 and published in the Gazette Borough Council And whereas the Borough Council has since then used the land described in the notice and more particularly described in subsection (2) as a public cemetery: And whereas it is now expedient that the control and management of the cemetery be transferred to the Waitemata County Council (in this section referred to as the County Council And whereas the Borough Council has no authority to transfer the control and management of the cemetery to the County Council and it is desirable that provision be made for this purpose: Be it therefore enacted as follows:
1: Notwithstanding the Burial and Cremation Act 1964
a: the Borough Council is hereby authorised and empowered to transfer the control and management of the cemetery to the County Council, and to hand over to the County Council all records and property relating to the cemetery which the County Council may require:
b: the County Council is hereby authorised and empowered to control and manage the land as a public cemetery:
c: the bylaws of the Borough Council relating to the operation of the cemetery shall continue to apply and shall be enforceable by the County Council until such time as the County Council revokes them and makes bylaws in their place.
2: The land to which this section relates is more particularly described as follows: All that area in the North Auckland Land District containing 6 acres 1 rood 17 perches, more or less, being Section 2A, Block XIII, Kaipara Survey District.
3: The notice dated 3 November 1964 appointing the Helensville Borough Council to be the trustees of the Parkhurst Cemetery is hereby consequentially revoked.
25: Provision with respect to agreement by the Mutual Life and Citizens' Assurance Company Limited, the Auckland Regional Authority, and the Mount Albert Borough Council concerning St Lukes Road Regional Road
Whereas the Mutual Life and Citizens' Assurance Company Limited, a company incorporated in the State of New South Wales in the Commonwealth of Australia (in this section referred to together with its successors and assigns as the owner land And whereas the Auckland Regional Authority (in this section referred to as the Authority Auckland Regional Authority Act 1963 And whereas it is intended that the regional road shall at some future time be realigned to the south of its present position and the land be no longer required for the regional road: And whereas the owner has agreed with the Authority and the Mount Albert Borough Council (in this section referred to as the Council And whereas neither the Authority nor the Council has power to come to such an agreement with the owner: Be it therefore enacted as follows:
1: Notwithstanding anything in any Act, the land may be dedicated as a street and shall thereupon, subject to this section, vest in the Council.
2: Notwithstanding the Auckland Regional Authority Act 1963
3: Where the land or, as the case may require, the several portions of it is vested under subsection (2), it shall become subject to and have appurtenant to it all encumbrances, liens, and interests affecting or appurtenant to the adjoining land with which it is amalgamated under that subsection.
4: Where the District Land Registrar of the Land Registration District in which the land is situated is in receipt of a statutory declaration made by the Secretary or any other authorised officer of the Authority to the effect that the land has, under the Auckland Regional Authority Act 1963
5: The land to which this section relates is more particularly described as follows: All that parcel of land situate in the Borough of Mount Albert containing 35.5 perches, more or less, being Lot 5 on Land Transfer Plan No 67998, and being also part Allotments 157 and 169, Section 10, Suburbs of Auckland, and being also part of the land comprised and described in Certificate of Title No 24A/636, North Auckland Registry.