Local Legislation Act 1952

1: Short Title
This Act may be cited as the Local Legislation Act 1952. County councils
2: Authorising Raglan County Council to levy excess separate rates in certain drainage districts
Whereas the Raglan County Council (in this section referred to as the Council section 168 of the Counties Act 1920 And whereas the Council desires to make and levy in the said districts rates for the construction and maintenance of necessary drainage works of a greater amount than the Council is authorised to make and levy: And whereas it is desirable to authorise the Council to make and levy rates in accordance with this section: Be it therefore enacted as follows: Notwithstanding anything to the contrary in any Act, the Council is hereby authorised to make and levy in the Ruawaro, Whangape, and Pukekapia Drainage Districts, for the years ending on 31 March 1953, 31 March 1954, and on 31 March 1955, separate rates, based on the unimproved value, on the lands classified in accordance with section 173 of the Counties Act 1920
a: in the Ruawaro Drainage District: on the lands so classified as A B C
b: in the Whangape Drainage District: on the lands so classified as A B C
c: in the Pukekapia Drainage District: on the lands so classified as A B C
3: Authorising Awatere County Council to make
ex gratia Whereas by an agreement dated 18 December 1950, made between T. H. Barnes and Company, Limited, of Blenheim, bridge builders (in this section referred to as the contractors Council And whereas, owing to circumstances beyond their control causing delay in completion of the works, increased costs were incurred by the contractors, and the contractors suffered considerable loss: And whereas the Council, in the circumstances, is desirous of making a payment of 104 pounds 16 shillings and 11 pence to the contractors: Be it therefore enacted as follows: The Council is hereby empowered to pay the sum of 104 pounds 16 shillings and 11 pence to the contractors by way of compensation in respect of the loss incurred by the contractors.
4: Provision with respect to overdraft of Chatham Islands County Council
Whereas the Chatham Islands County Council (in this section referred to as the Council Local Bodies' Finance Act 1921–22 And whereas the excess liabilities of the Council in terms of that Act as at 31 March 1952 amounted to approximately the sum of 8,000 pounds: And whereas it is desirable to make provision in manner hereinafter appearing: Be it therefore enacted as follows:
1: Notwithstanding anything to the contrary in the Local Bodies' Finance Act 1921–22
2: For the purpose of partially repaying the said excess liabilities the Council is hereby authorised and empowered to borrow from its bankers by way of overdraft, in the manner prescribed by section 3 of the Local Bodies' Finance Act 1921–22
3: The Council shall repay the said sum of 7,000 pounds by 7 equal payments out of moneys credited to its General Account, 1 such payment to be made in each year during the period of 7 years commencing on 1 April 1953: provided that the Council may in any year repay out of the said General Account an amount greater than a one-seventh part.
4: The said sum of 7,000 pounds shall be carried to a separate account at the bank and all payments made in reduction of the said sum shall be credited to that account.
5: The said sum of 7,000 pounds shall not at any time heretofore be deemed to have been taken into account, nor shall any amount at any time lawfully owing under this section hereafter be taken into account, in determining the amount that may be borrowed or that may be owed by the Council pursuant to section 3 of the Local Bodies' Finance Act 1921–22
5: Authorising Tauranga County Council to raise a special loan for housing purposes
Whereas the Tauranga County Council (in this section referred to as the Council And whereas the Local Government Loans Board has no authority to sanction the raising of a loan for the purpose of enabling the Council to refund the said sum to its County Fund Account: And whereas it is desirable that authority be given for that purpose: Be it therefore enacted as follows: The Council is hereby authorised and empowered to borrow by way of special loan under the Local Bodies' Loans Act 1926
6: Authorising Waipawa County Council to make
ex gratia Whereas, by an agreement dated 8 May 1950, made between Hawke's Bay Asphalts, Limited, of Hastings, contractors (in this section referred to as the contractors Council And whereas, owing to circumstances beyond their control causing delay in the completion of the works, increased costs were incurred by the contractors and the contractors suffered considerable loss: And whereas the Council, in the circumstances, is desirous of making a payment not exceeding the sum of 881 pounds 16 shillings and 6 pence to the contractors: Be it therefore enacted as follows: The Council is hereby empowered to pay an amount not exceeding the sum of 881 pounds 16 shillings and 6 pence to the contractors by way of compensation in respect of the loss incurred by the contractors.
7: Authorising Waipawa County Council to make
ex gratia Whereas, by an agreement dated 11 December 1950, made between Hawke's Bay Asphalts, Limited, of Hastings, contractors (in this section referred to as the contractors Council And whereas, owing to circumstances beyond their control causing delay in the completion of the works, increased costs were incurred by the contractors and the contractors suffered considerable loss: And whereas the Council in the circumstances, is desirous of making a payment not exceeding the sum of 424 pounds 5 shillings and 4 pence to the contractors: Be it therefore enacted as follows: The Council is hereby empowered to pay an amount not exceeding the sum of 424 pounds 5 shillings and 4 pence to the contractors by way of compensation in respect of the loss incurred by the contractors.
8: Vesting certain land held by Hororata Hall Trustees in Corporation of County of Selwyn
Whereas the land firstly and secondly described in subsection (4) (in this section referred to as the said land And whereas, by a deed of conveyance bearing date 21 January 1890, Sir John Hall conveyed a certain parcel of land described in the said deed of conveyance, and containing 1 acre, more or less (in this section referred to as the land firstly described And whereas, by a deed of declaration of trust bearing date 21 January 1890, the said trustees declared that they stood possessed of the said land upon trust for the erection thereof of a hall for the benefit of the residents of Hororata as defined in the said deed of declaration of trust and upon the further trusts therein contained: And whereas, by a deed of conveyance bearing date 27 February 1894, Sir John Hall conveyed a further parcel of land described in the said deed of conveyance, and containing 11 acres 3 roods and 29 perches, more or less (in this section referred to as the land secondly described And whereas a hall is erected on the land firstly described and it has been proposed by the residents of Hororata and surrounding districts that additions and improvements be effected to the said hall, and that the land firstly described with all buildings which may now or hereafter be erected thereon be established as a war memorial for Hororata and the surrounding districts: And whereas it is desirable that the land firstly described be vested in the Chairman, Councillors, and Inhabitants of the County of Selwyn (in this section referred to as the Corporation Public Reserves, Domains, and National Parks Act 1928 And whereas it is desirable that the land secondly described be vested in the Corporation as an endowment for the purposes of the said war memorial, but with power to lease, sell, or otherwise dispose of the whole or any part or parts thereof: And whereas in the said deed of declaration of trust the Hororata district is defined as an area lying within a radius of 5 miles of the said land, excepting therefrom all that portion of such area which is situated to the north of the Selwyn River, but the districts which have a community of interest with the Township of Hororata now extend beyond the radius of 5 miles prescribed in the said deed of declaration of trust and it is considered desirable that the benefits of the said proposed war memorial be made available to the residents of all districts which have such a community of interest: And whereas the said Godfrey Hall, Terence Fielding Hight, and Roland William Oliver, as the surviving present trustees under the said deed of declaration of trust, have consented in writing to the cancellation of the trusts therein contained and to the vesting of the said land in the Corporation for the aforesaid purposes: And whereas the Corporation has consented under seal to the vesting of the said land in it for the aforesaid purposes: Be it therefore enacted as follows:
1: The vesting of the said land in Godfrey Hall, Herbert Henry Thorne, Llewellyn Derrett, Terence Fielding Hight, and Roland William Oliver, all of Hororata, farmers, for an estate in fee simple is hereby cancelled.
2: All reservations, trusts, and restrictions heretofore affecting the said land are hereby cancelled, and the said land is hereby vested in the Corporation in accordance with the following provisions of this subsection:
a: as to the land firstly described, in trust as a reserve for a site for a war memorial under and subject to the provisions of the Public Reserves, Domains, and National Parks Act 1928
b: as to the land secondly described, as an endowment for the purposes of the said war memorial, but with power to lease, sell, or otherwise dispose of the whole or any part or parts thereof as the Corporation shall think fit, and to hold and administer the proceeds of any such leasing, sale, or other disposal for the purposes of the said war memorial.
3: The District Land Registrar for the Land Registration District of Canterbury is hereby empowered and directed to make such entries in the register books and generally to do all such things as are necessary to give effect to the provisions of this section.
4: The land to which this section relates is more particularly described as follows: Firstly, all that area in the Canterbury Land District, Selwyn County, containing by admeasurement 1 acre, more or less, being part of Reserve 954, situated in Block XII of the Hororata Survey District, and being part of the land comprised and described in certificate of title, Volume 408, folio 230, Canterbury Registry (limited as to parcels), and bounded as follows: Commencing at the intersection of the western side of the Hororata–Coalgate Road with the northern side of Duncan's Road; thence in a westerly direction along the northern side of Duncan's Road for a distance of 252 links; thence northerly along a right line parallel to the Hororata–Coalgate Road for a distance of 400 links; thence easterly along a right line parallel to Duncan's Road for a distance of 252 links to the Hororata–Coalgate Road, and thence southerly along the western side of the last-mentioned road to the point of commencement, be the aforesaid measurements a little more or less. Secondly, all that area in the Canterbury Land District, Selwyn County, containing by admeasurement 11 acres 3 roods and 29 perches, more or less, being part of Reserve 954, situated in Block XII of the Hororata Survey District, and being the whole of the land comprised and described in certificate of title, Volume 408, folio 230, Canterbury Registry (limited as to parcels), excepting therefrom the area firstly described.
9: Authorising Piako County Council to purchase land for quarry purposes
Whereas the Corporation of the Chairman, Councillors, and Inhabitants of the County of Piako is the registered proprietor of an estate in fee simple in certain land situated in the Tahuna Riding of the county containing 5 acres, more or less, used as a quarry: And whereas for the purpose of extensions to the said quarry it is expedient that the Council of the said Corporation (in this section referred to as the Council Be it therefore enacted as follows:
1: The Council may purchase at such price and upon such terms and conditions as it thinks fit the whole or any part or parts of the said land.
2: The Council may sell any part or parts of the said land either together or in lots by public auction, public tender, or private contract, or partly by one and partly by another or others of those modes and subject to such conditions as to title, time, or mode of payment of purchase price, or otherwise, as the Council thinks fit, and with or without grants or reservations of rights of way, easements, and other rights and privileges of every description in relation to the land sold, or any land remaining unsold, on such terms and at such price as the Council thinks fit.
3: Any such purchase or sale may include milking plant and hay and ensilage on or about the said land or any part or parts thereof, or, if the Council thinks fit, it may sell any such chattels separately, and the Council may sell any building or buildings on the said land separately for removal.
4: For the purposes of this section, the Council may subdivide the said land, or any part or parts thereof, in such manner as it thinks fit, and may dedicate any part or parts of the said land as a public road or public roads, and construct a road or roads thereon.
5: If any of the said land is not required for immediate use, the Council may let the same upon such terms as it may think fit for any period not exceeding 21 years.
6: Pending any such sale or sales the Council may carry on farming operations on the said land or any part or parts thereof as if the same had been acquired as a model farm under the provisions of section 200 of the Counties Act 1920
7: For the purpose of meeting the whole or any portion of the purchase price of all or any of the said land the Council may, if it so determines, expend any sum or sums of money from the County Fund Account.
8: For the purpose of meeting the whole or any portion of the said purchase price or of refunding to the County Fund Account moneys expended thereout as aforesaid the Council may, if it so determines, borrow by way of overdraft in the manner prescribed by section 3 of the Local Bodies' Finance Act 1921–22
9: Moneys borrowed by way of overdraft under the authority of this section shall be repaid by 7 equal annual instalments during a period of 7 years commencing on 1 April 1953: provided that the Council may in any year repay an amount greater than a seventh part.
10: Moneys borrowed from time to time under the authority of this section shall not be taken into account, nor shall any amount at any time lawfully owing under this section hereafter be taken into account, in determining the amount that may be borrowed or that may be owed by the Council pursuant to the Local Bodies' Finance Act 1921–22
11: The Council may from time to time, if it thinks fit, apply surplus moneys available from quarrying operations in or towards repayment of any moneys borrowed by way of overdraft as aforesaid.
12: The land to which this section relates is particularly described as follows: All that piece of land situated in Block IX, Waitoa Survey District, containing 125 acres 3 roods and 22 perches, more or less, being—
a: portions of Section 11, comprising the whole of the land described in certificate of title, Volume 851, folio 67, Auckland Registry:
b: portion of Hoe-o-tainui A No 2 Block comprising the whole of the land described in certificate of title, Volume 616, folio 97, Auckland Registry. City and borough councils
10: Section 5 of the Auckland City Empowering Act 1939 amended
Amendment(s) incorporated in the Act(s)
11: Authorising remission of rates by Napier City Council
Section 11 repealed 1 July 2003 section 138(1) Local Government (Rating) Act 2002
12: Authorising diversion of certain loan moneys by Mount Maunganui Borough Council
Whereas the Mount Maunganui Borough Council (in this section referred to as the Council And whereas the Council has been unable to acquire the said property and is now desirous of applying moneys raised under the said loan towards the cost of erecting municipal buildings upon other land vested in the Council within the said borough: Be it therefore enacted as follows:
1: Notwithstanding anything to the contrary in the Local Bodies' Loans Act 1926
2: No part of the said sum of 1,250 pounds shall be expended or applied by the Council as hereinbefore provided unless and until authority in that behalf has been given by the Local Government Loans Board.
3: The provisions of subsections (2) to (7) of section 47 of the Finance Act 1929
13: Authorising Dunedin City Renewal Fund Commissioners to make payments to Dunedin City Council for electricity purposes
1: Notwithstanding anything in the Dunedin City Council Empowering Act 1914 section 5 of the said Act
2: The works to which this section relates are particularly described as follows: high tension lines, 110,000 pounds: rectifier substations, 25,000 pounds: control gates, Mahinerangi Dam, 9,000 pounds: water races, 4,000 pounds: switchgear, Neville Street, 25,000 pounds: additional high tension lines, Waipori 3 and 4 stations to Berwick, 32,000 pounds: substation, Mosgiel, 16,500 pounds: transformers, Mosgiel, 15,000 pounds: substation, Port Chalmers, 12,500 pounds: transformers, Port Chalmers, 15,000 pounds.
14: Provision with respect to expenditure of moneys by West Harbour Borough Council in connection with jubilee celebrations
The West Harbour Borough Council (in this section referred to as the Council
15: Provision with respect to charge for gas-meter rental by Waihi Borough Council
Whereas the Waihi Borough Council (in this section referred to as the Council And whereas section 276 of the Municipal Corporations Act 1933 And whereas, since the making of the said resolution, the said rent has been charged for gas meters installed by the Council: And whereas it is desirable to validate the action of the Council in prescribing the said rent by resolution instead of by bylaws: Be it therefore enacted as follows: The action of the Council in prescribing the said rent by resolution is hereby validated, and the said rent shall be valid and effectual for all purposes as from the date on which the Council purported to prescribe the same.
16: Validating action of Corporation of Borough of Paeroa in entering into and executing a deed vesting an ambulance in the Corporation
Whereas an unincorporated body known as the Paeroa and Districts Residents Ambulance Controlling Committee (in this section referred to as the Controlling Committee And whereas it is desirable that the ambulance, when purchased, should be vested in the Corporation of the Borough of Paeroa (in this section referred to as the Corporation And whereas a deed, dated 18 September 1951, a copy of which is deposited in the Department of Internal Affairs, at Wellington, under Number IA 105/660, has been made between the Controlling Committee and the Corporation containing the terms and conditions upon which the Corporation is to hold the said ambulance: And whereas the Corporation has no legal authority to enter into the said deed and it is desirable that the said deed should be validated: Be it therefore enacted as follows: The said deed is hereby validated and the Controlling Committee and the Corporation shall be deemed to have been duly empowered to enter into and to execute the same.
17: Authorising Dunedin City Council to make
ex gratia Whereas, by an agreement dated 3 October 1950, made between Thomas Pheloung, of Dunedin, contractor (in this section referred to as the contractor Council And whereas, in consequence of an alteration mutually agreed upon in the date for the commencement of the said works, increased costs were incurred by the contractor and the contractor suffered considerable loss: And whereas the Council, in the circumstances, is desirous of making a payment of 1,458 pounds 14 shillings and 2 pence to the contractor: Be it therefore enacted as follows: The Council is hereby empowered to pay the sum of 1,458 pounds 14 shillings and 2 pence to the contractor by way of compensation in respect of the loss incurred by the contractor.
18: Validating certain expenditure incurred by Rotorua Borough Council
The expenditure by the Rotorua Borough Council of the sum of 427 pounds 18 shillings and 9 pence in connection with the reception and entertainment of delegates and other persons attending the annual meeting of the Municipal Association of New Zealand, Incorporated, held at Rotorua during the month of March, 1952, is hereby validated and declared to have been lawfully incurred.
19: Extending purposes of Invercargill City Council Housing Loan 1950 of £17,500
Whereas, by Order in Council made on 6 September 1950, consent was given to the raising by the Invercargill City Council (in this section referred to as the Council loan And whereas the Council desires that the purposes to which the loan moneys may be applied should be extended so as to enable the Council to purchase houses or flats for the said employees, and to make advances to those employees to enable them to purchase or erect houses: Be it therefore enacted as follows: The purposes for which moneys raised under the loan may be applied are hereby extended, as from the date of the said Order in Council, to include the purchase of houses or flats for employees of the Council, and the making of advances to any such employees towards the cost of the purchase or erection of their own houses.
20: Authorising Wellington City Council to transfer moneys from Tramway and Power Supply Accident Fund Account to Tramway and Power Supply Renewal Fund Account
The Wellington City Council is hereby authorised to transfer a sum not exceeding 39,000 pounds from its Tramway and Power Supply Accident Fund Account to its Tramway and Power Supply Renewal Fund Account.
21: Authorising Eltham Borough Council to raise a special loan for housing purposes
Whereas the Eltham Borough Council (in this section referred to as the Council And whereas the Local Government 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 2,300 pounds to its District Fund Account: And whereas it is desirable that authority be given for that purpose: Be it therefore enacted as follows: The Council is hereby authorised and empowered to borrow by way of special loan under the Local Bodies' Loans Act 1926
22: Authorising raising of special loan by Waihi Borough Council
Whereas, as from 31 July 1952, the Waihi Borough Council (in this section referred to as the Council And whereas, as at 31 August 1952, there was a deficit in the Gas Supply Account of the Council amounting to the sum of 11,492 pounds 8 shillings and 6 pence: And whereas the Council is desirous of making to certain of its former gas consumers some reimbursement in respect of expenses incurred by them by reason of the termination of the gas undertaking by the Council: And whereas it is desirable to make provision in manner hereinafter appearing: Be it therefore enacted as follows:
1: The Council is hereby authorised and empowered to borrow by way of special loan under the Local Bodies' Loans Act 1926
2: The Council is hereby authorised to transfer the balances standing, as at 31 March 1953, at the credit of the General Account, the Library Account, the Street Lighting Account, and the Water Account to the Gas Supply Account to offset in part the deficit in the Gas Supply Account.
3: The Council is hereby empowered to pay from its Gas Supply Account to any person supplied by it with gas up to the time of the termination of the gas undertaking by the Council, and who is, in the opinion of the Council, in necessitous circumstances, such moneys as the Council in its discretion may determine, but not exceeding the sum of 10 pounds in any individual case, nor exceeding in the aggregate the sum of 500 pounds: provided that any such payment by the Council may, at the discretion of the Council, be by way of ex gratia
4: Any payment by the Council for the purposes referred to in subsection (3) prior to the passing of this Act is hereby validated and declared to have been lawfully made.
23: Validating certain expenditure incurred by Milton Borough Council
The expenditure by the Milton Borough Council during the financial year ending on 31 March 1953 of the sum of 77 pounds 7 shillings and 6 pence in the purchase of a mayoral chain and badge of office is hereby validated and declared to have been lawfully incurred.
24: Authorising Greymouth Borough Council to subdivide certain land for housing purposes
1: The Greymouth Borough Council (in this section referred to as the Council sections 14 to 16 of the Municipal Corporations Amendment Act 1948
2: The land to which this section relates is more particularly described as follows: All that parcel of land, situated in the Borough of Greymouth, containing by admeasurement 4 acres, more or less, being Reserve 197, Town of Greymouth, and being the whole of the land comprised and described in certificate of title, Volume 22, folio 293, Westland Registry.
25: Vesting certain land in Corporation of Borough of Ellerslie as public street
Whereas the land described in subsection (3) (in this section referred to as the said land And whereas, on a plan deposited by the said Robert Graham in the Land Registry Office at Auckland under Number 294, the said land was shown thereon coloured burnt sienna similarly to the lands shown on the said plan later dedicated as roads: And whereas the said land was not included in the roads proclaimed by Proclamation Number 1293B, and no subsequent instrument of dedication or Proclamation has been registered in respect of the said land and there is doubt as to whether the said land is either a road within the meaning of the Public Works Act 1928 Municipal Corporations Act 1933 And whereas the said land has for many years been used by the public as a street: And whereas the records of public expenditure on the said land by the County Council having jurisdiction thereover prior to the incorporation of the Ellerslie Town Board are not available: And whereas there is no record of public moneys having been expended on the said land by either the Ellerslie Town Board or the Ellerslie Borough Council (in this section referred to as the Council And whereas the said land is either a private street or a street within the meaning of the Municipal Corporations Act 1933 Public Works Act 1928 And whereas the Council is desirous that the said land be proclaimed as a street and be vested in the Corporation of the Borough of Ellerslie (in this section referred to as the Corporation Be it therefore enacted as follows:
1: The said land is hereby vested in the Corporation for an estate in fee simple as a street.
2: Notwithstanding the lack of evidence of dedication of the said land, the District Land Registrar for the Land Registration District of Auckland is hereby authorised and directed to make such entries in the Register Books and outstanding duplicates of title, to issue such certificates or documents, and generally to do all such things as are 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, situated in the Borough of Ellerslie, containing by admeasurement 16 perches and ten hundredths of a perch, more or less, bounded towards the north-east by Tecoma Street, 30.3 links, towards the south-east by Lots 546 and 559 on Deposited Plan Number 294, 342.04 links, towards the south-west by Hurst Street, 35.2 links, and towards the north-west by Lot 7 and part of Lot 8 on Deposited Plan Number 9647, 324.1 links, which said piece of land is part of the land coloured burnt sienna on the plan deposited as aforesaid under Number 294, and comprised and described in certificate of title, Volume 28, folio 183, Auckland Registry.
26: Authorising raising of special loan by Rangiora Borough Council
Whereas the Rangiora Borough Council (in this section referred to as the Council section 32 of the Finance Act 1927 (No 2) section 26 And whereas the Local Government Loans Board has no authority to sanction the raising of that part of the proposed loan which relates to the purposes for which the said sum has been expended: And whereas it is desirable to authorise the Council to raise a special loan not exceeding the sum of 4,930 pounds for the purpose of recouping its Electric Receipts and Payments Account in respect of portion of the moneys advanced thereout as aforesaid: Be it therefore enacted as follows: The Council is hereby authorised and empowered to borrow by way of special loan pursuant to section 32 of the Finance Act 1927 (No 2) section 26
27: Provision with respect to maximum general rate in Borough of Thames
Whereas by the Thames Borough Commissioner Amendment Act 1934 Council And whereas the capital and unimproved values set forth in the said special valuation roll are the values appearing in the ordinary valuation roll on 31 July 1931: And whereas by section 20 Thames Borough Commissioner Amendment Act 1934 borough And whereas, pending that revision, the Council is experiencing difficulty in financing the activities of the borough from the maximum general rate of 2 pence halfpenny in the pound upon the capital value of all rateable property within the borough authorised by section 77 of the Municipal Corporations Act 1933 Be it therefore enacted as follows: Notwithstanding anything contained in the Municipal Corporations Act 1933
28: Authorising Lower Hutt City Council to levy uniform annual charge instead of annual fee
Section 28 expired 31 March 1954 section 28(3)
29: Provision with respect to certain contract of Temuka Borough Council
Notwithstanding anything to the contrary in any Act or rule of law, nothing in the Local Authorities (Members' Contracts) Act 1934 Town boards
30: Authorising expenditure of certain moneys held in trust by Kohukohu Town Board
Whereas the Kohukohu Town Board (in this section referred to as the Board And whereas the said moneys cannot now be applied to the purposes for which they were received: And whereas it is desirable that the Board should be authorised to expend the said moneys for purposes other than those for which the said moneys are held in trust: Be it therefore enacted as follows: The existing trust for which the said moneys are held by the Board is hereby discharged and the Board is authorised to expend the said moneys for the purposes of the repair and maintenance of the Kohukohu town hall and of the piano and furniture contained in the said hall.
31: Authorising Tawa Flat Town Board to raise a special loan for housing purposes
Whereas the Tawa Flat Town Board (in this section referred to as the Board And whereas the Local Government Loans Board has no authority to sanction the raising of a loan for the purpose of enabling the Board to refund the said sum to its General Account: And whereas it is desirable that authority be given for that purpose: Be it therefore enacted as follows: The Board is hereby authorised and empowered to borrow by way of special loan under the Local Bodies' Loans Act 1926
32: Validating agreement between Otorohanga Town Board and Levin Amusements, Ltd
Whereas by section 20 Board company And whereas the said deed provided for the amalgamation of the motion picture exhibition business conducted by the Board in the Town District of Otorohanga with a similar business conducted in the said town district by the company: And whereas the said deed expired on 1 October 1950 and the Board entered into a further deed of arrangement with the company dated 25 March 1952: And whereas doubts have arisen as to the competence of the Board under existing statutory or other powers to enter into, become party to, and be bound by that further deed: Be it therefore enacted as follows: All parties to the said deed of arrangement dated 25 March 1952 shall be deemed to have and to have had full power and authority to enter into, become party to, and be bound by the said deed, and the said deed shall accordingly bind all parties thereto and take effect according to its tenor.
33: Authorising Wyndham Town Board to raise a special loan for housing purposes
Whereas the Wyndham Town Board (in this section referred to as the Board And whereas the Local Government Loans Board has no authority to sanction the raising of a loan for the purpose of enabling the Board to refund moneys so expended to its General Account: And whereas it is desirable that authority be given for that purpose: Be it therefore enacted as follows: The Board is hereby authorised and empowered to borrow by way of special loan under the Local Bodies' Loans Act 1926
34: Validating certain water rates levied by Kamo Town Board
Whereas on 31 May 1946 the Kamo Town Board (in this section referred to as the Board And whereas the Board has purported to make and levy the said rates by way of a proportionate charge in respect of the period which commenced on 1 January 1947 and ended on 31 March 1947, and has also purported to make and levy the said rates in respect of each of the 6 annual periods commencing on 1 April 1947 and ending on 31 March 1953, by way of half-yearly charges payable on 15 May and on 15 November in each year: And whereas the making and levying of the said rates was contrary to the provisions of section 84 of the Municipal Corporations Act 1933 And whereas it is desirable to make provision as hereinafter appearing: Be it therefore enacted as follows:
1: The said rates purported to be made and levied by the Board are hereby validated and declared to have been lawfully made and levied and shall be valid and effectual for all purposes in respect of the periods as aforesaid.
2: Notwithstanding anything contained in the Rating Act 1925
35: Provision with respect to certain streets in Town District of Johnsonville
Whereas doubt exists as to whether certain streets in the Town District of Johnsonville are streets within the meaning of section 174 of the Municipal Corporations Act 1933 And whereas it is desirable that those streets be declared to be streets within the meaning of that section: Be it therefore enacted as follows:
1: The streets referred to in subsection (2) are hereby declared to be and the same are streets as defined in section 174 of the Municipal Corporations Act 1933
2: The streets referred to in this section, and more particularly delineated on the plan lodged in the office of the Chief Surveyor, at Wellington, as Number 22757, and thereon coloured blue, are as follows: Woodland Road; Prospect Terrace; Brook Street; Dr Taylor Terrace; Ballance Street; Trafalgar Street; Wallace Street; Railway Terrace from Prospect Terrace to Main Road; Brandon Street from Dr Taylor Terrace to Main Road; Earp Street from Railway Terrace to Woodland Road; Haumia Street from Fraser Avenue westward to the eastern boundary of the Railway Reserve; and Burgess Road from Main Road to a point 130 links east of the south-eastern corner of Lot 45 on Deposited Plan Number 920. Harbour Board Heading repealed 17 March 2019 section 64(c) New Plymouth District Council (Waitara Lands) Act 2018
36: Section 7 of Waitara Harbour Act 1940 repealed
Section 36 repealed 17 March 2019 section 64(c) New Plymouth District Council (Waitara Lands) Act 2018 Electric Power Board
37: Authorising raising of special loan by Banks Peninsula Electric Power Board
Whereas the Banks Peninsula Electric Power Board (in this section referred to as the Board And whereas the Local Government Loans Board has no authority to sanction the raising of that part of the proposed loan which relates to the purposes for which the said sum has been expended: And whereas it is desirable to authorise the Board to raise a special loan not exceeding the sum of 300 pounds for the purpose of recouping its Power Fund Account in respect of portion of the moneys advanced thereout as aforesaid: Be it therefore enacted as follows:
1: The Board is hereby authorised and empowered to borrow by way of special loan under the Local Bodies' Loans Act 1926
2: The land to which this section relates is more particularly described as follows: All that parcel of land in the Canterbury Land District, situated in Block XII, Pigeon Bay Survey District, containing by admeasurement 2 acres, more or less, being Section 2A, Block IV, Wairewa, being part of Maori Reserve Number 887, and being the whole of the land comprised and described in certificate of title, Volume 551, folio 82, Canterbury Registry. Drainage Board
38: Provision with respect to levying of excess general rates by Mangapu Drainage Board
Whereas by section 50 section 42 section 41 section 28 section 29 Board section 33 A B C And whereas the Board continued to levy rates on that basis for the years ended on 31 March 1951 and 31 March 1952 without authority: And whereas the Board desires to make and levy for the years ending on 31 March 1953 and 31 March 1954 a general rate, not exceeding 4 pence in the pound, on lands so classified as A B C And whereas it is expedient that the unauthorised levying of the rates on the first-mentioned basis should be validated and that the Board should be empowered to levy general rates on the second-mentioned basis as aforesaid: Be it therefore enacted as follows:
1: The general rates levied by the Board for the years ended on 31 March 1951 and 31 March 1952 shall be deemed to have been lawfully made.
2: The Board is hereby authorised and deemed to have been authorised to make and levy for the years ending on 31 March 1953 and 31 March 1954 a general rate, not exceeding 4 pence in the pound, on lands classified in accordance with section 33 A B C Hospital Board
39: Validating issue of certain debentures by Northland Hospital Board
Whereas, by Order in Council made on 13 November 1946, consent was given to the raising by the Whangarei Hospital Board of a loan of 16,000 pounds, to be known as the Nurses' Home No 2 Additional Loan 1946 (in this section referred to as the loan And whereas certain of the said terms and conditions were that no moneys should be borrowed after the expiration of 2 years from the date of the said Order in Council, and that the term for which the loan or any part thereof might be raised should be 25 years: And whereas, by Order in Council made on 3 November 1948, the time within which the loan was authorised to be raised was extended for a further period of 2 years: And whereas the Northland Hospital Board (in this section referred to as the Board And whereas the debentures issued in respect of the loan provided for its repayment over a term of 25 years commencing from 1 January 1951: Be it therefore enacted as follows: The debentures issued by the Board in respect of the loan shall be deemed to have been lawfully executed and issued and shall have full force and effect according to their tenor. Affecting 2 or more classes of public bodies
40: Provision with respect to fire protection over portion of Waitemata County by North Shore Fire Board
Whereas, by Order in Council made on 27 August 1952, the North Shore United Urban Fire District was abolished from 31 August 1952: And whereas, by the said Order in Council, a new North Shore United Urban Fire District was constituted on 1 September 1952, which included the previous district, together with an area being portion of the Takapuna Riding of the County of Waitemata known as the East Coast Bays area (in this section referred to as the said area And whereas the North Shore Fire Board (in this section referred to as the former Board said period And whereas the former Board, in providing fire protection over the said area for the said period, acted as if that area were part of the district of the former Board: And whereas the Waitemata County Council (in this section referred to as the Council And whereas section 32 of the Fire Services Act 1949 And whereas it is desirable to validate the said expenditure incurred by the former Board and the Council, to validate the said action of the former Board, and to provide that the duties imposed on the present North Shore Fire Board in respect of the newly constituted fire district by section 32 of the Fire Services Act 1949 Be it therefore enacted as follows:
1: The expenditure incurred by the former Board in providing fire protection over the said area during the said period is hereby validated and declared to have been lawfully incurred.
2: The action of the former Board in providing fire protection over the said area for the said period is hereby validated and declared to have been as lawfully done as if the said area for the said period had formed part of the district of the former Board.
3: The expenditure incurred by the Council in contributing to the former Board during the said period that proportion of the Board's expenditure which the Council would have been liable to contribute as a contributory local authority is hereby validated and declared to have been lawfully incurred:
4: The duties imposed on the present North Shore Fire Board in respect of the newly constituted fire district by section 32 of the Fire Services Act 1949
41: Vesting certain land held by Masterton Trust Lands Trustees in Corporation of Borough of Masterton
Whereas, by sections 15 and 28 of the Masterton Trust Lands Act 1950 Trust Board And whereas it is desirable that the said land and all funds in the hands of the Trust Board by virtue of the trusts aforesaid should cease to vest in the Trust Board and should be vested in the Corporation of the Mayor, Councillors, and Burgesses of the Borough of Masterton in trust, upon and subject to all the trusts, restrictions, and reservations heretofore affecting the same: Be it therefore enacted as follows:
1: The land described in subsection (2) and all funds in the hands of the Trust Board by virtue of the said trusts are hereby vested in the Corporation of the Mayor, Councillors, and Burgesses of the Borough of Masterton upon and subject to the terms of and the trusts declared in the said declaration of trust with the reservation hereinbefore recited, and the vesting thereof in the Trust Board is hereby revoked.
2: The land to which this section relates is more particularly described as follows: All that area of land in the Borough of Masterton, containing by admeasurement 14 acres 2 roods 28 perches and five-tenths of a perch, more or less, being those parts of Sections 2 and 3 of the Masterton Small Farm Settlement which are coloured green in outline on Deposited Plan Number 6253, and being all the land comprised and described in certificate of title, Volume 304, folio 128, Wellington Registry.
3: The District Land Registrar for the Wellington Land Registration District is hereby authorised and directed to make such entries in the register books, 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.
4:
5: Section 41(4) repealed 21 October 1966 Masterton Trust Lands Act 1966 Section 41(5) repealed 21 October 1966 Masterton Trust Lands Act 1966
42: Provision with respect to Waitahuna War Memorial and Community Centre Hall
Whereas the trustees of the Waitahuna Athenaeum were incorporated by the Waitahuna Athenaum Act 1876 And whereas the land described in subsection (11) is held by the trustees in trust as an endowment for the said Athenaeum by virtue of the provisions of the said Act: And whereas the said Athenaeum, by reason of its bad state of repair and distance from Waitahuna, is no longer suitable for use as an Athenaeum: And whereas a war memorial and community centre hall (in this section referred to as the hall Corporation And whereas the Corporation has agreed to undertake the future control and management of the property of the said Athenaeum, firstly, for the purposes of a public library and reading room in the hall, and secondly, for the general purposes of the hall: And whereas the Havelock Commonage Trustees desire to make a donation of the sum of 500 pounds towards the cost of erection of the hall: And whereas it is desirable and expedient to make provision accordingly: Be it therefore enacted as follows:
1: The land described in subsection (11) is hereby vested in the Corporation for an estate in fee simple as an endowment, subject to all existing leases and tenancies affecting the said land.
2: The Corporation is hereby empowered to lease the said land for any term not exceeding 21 years at such rents and under and subject to such conditions as the Corporation may determine.
3: The Corporation is hereby empowered to sell the said land, or any portion of it, in such manner and on such conditions as the Corporation thinks fit.
4: The proceeds derived by the Corporation from the sale or letting of the said land shall be applied by the Corporation, firstly, towards the equipment and maintenance of a public library and reading room in the hall, and secondly, towards the general purposes of the hall: provided that if in the opinion of the Corporation any part of the said proceeds is not required for the aforesaid purposes, it may be applied towards such other purposes of direct public benefit as the Corporation may determine.
5: All personal property of whatsoever nature, including all choses in action and the benefit of all contracts and agreements and all rights and powers exercisable thereunder or pertaining thereto belonging to the trustees, is hereby vested in the Corporation freed from all trusts and reservations heretofore affecting the same, and all debts and other liabilities lawfully incurred by the trustees and existing on the passing of this section shall hereafter be debts and liabilities of the Corporation, and the Corporation is hereby authorised and empowered to meet the said debts and liabilities out of the County Fund Account.
6: The Corporation is hereby empowered to sell, in such manner and subject to such terms and conditions as it shall think fit, such part of the said personal property as shall not be of use in the hall, and to use the net proceeds of any such sale or sales, and any moneys vested in the Corporation by subsection (5), in part payment of the cost of erection of the hall and the furnishing and equipment of the public library and reading room therein.
7: A receipt under the hand of the County Clerk of the County of Tuapeka for the personal property and moneys held by the trustees shall be sufficient discharge from all liability for the said personal property and moneys and shall indemnify the trustees from any action at law.
8: The District Land Registrar for the Land Registration District of Otago is hereby authorised and empowered to register such documents, make such entries in the register books, and to do all such things as may be necessary to give effect to the provisions of this section.
9: The Waitahuna Athenaeum Act 1876
10: The Havelock Commonage Trustees are hereby authorised and empowered to make a donation of the sum of 500 pounds towards the cost of erection of the hall.
11: The land to which this section relates is more particularly described as follows: All those areas in the Otago Land District, and situated in the Tuapeka County, containing together by admeasurement 500 acres, more or less, being Sections 4, 16, 17, and 18, Block VII, Waitahuna West Survey District, and being the whole of the land comprised and described in certificate of title, Volume 63, folio 161, Otago Registry.
43: Authorising Wellington Harbour Board to transfer certain land to Wellington City Council
Whereas, by an agreement dated 28 May 1908 made between the Wellington Harbour Board (in this section referred to as the Board Corporation And whereas the said land adjoins on its seaward side the wharves, stores, buildings, and other premises of the Board, and the said agreement reserves and grants to the Board certain rights of access to and egress from the premises of the Board across the said land upon and after its transfer to the Corporation, and also provides that the Corporation will accept and carry out certain maintenance, lighting, and other duties and obligations in respect of the said land upon and after the transfer: And whereas doubts have arisen as to the authority of the Board to transfer the said land to the Corporation, and of the Board and the Corporation to enter into the said agreement, and it is desirable to grant that authority: Be it therefore enacted as follows:
1: The Board is hereby authorised and empowered to transfer the said land to the Corporation to form part of a public street.
2: The Board and the Corporation are hereby deemed to have had authority to enter into the said agreement, and the said land, when transferred to the Corporation, shall be and remain subject to the provisions of the said agreement.
3: The land to which this section relates is more particularly described as follows: All that parcel of land, situated in the City of Wellington, containing by admeasurement 32 perches and eight-tenths of a perch, more or less, and being the whole of the land comprised and described in certificate of title, Volume 151, folio 53, Wellington Registry. Miscellaneous
44: Provision with respect to certain contract of Omarama Rabbit Board
Notwithstanding anything to the contrary in any Act or rule of law, nothing in the Local Authorities (Members' Contracts) Act 1934
45: Provision with respect to expenditure of moneys by Council of Auckland Institute and Museum in connection with centennial celebrations
The Council of the Auckland Institute and Museum is hereby authorised and empowered to expend out of its General Account a sum not exceeding 100 pounds for the purpose of celebrating and commemorating the 100th anniversary of the establishment of the Auckland Museum, and any expenditure heretofore incurred or made by the Council for that purpose is hereby validated and declared to have been lawfully incurred and made.
46: Authorising Otekaike Rabbit Board to raise a special loan for housing purposes
Whereas the Otekaike Rabbit Board (in this section referred to as the Board And whereas the Local Government Loans Board has no authority to sanction the raising of a loan for the purpose of enabling the Board to refund the said sum to its General Account: And whereas it is desirable that authority be given for that purpose: Be it therefore enacted as follows: The Board is hereby authorised and empowered to borrow by way of special loan under the Local Bodies' Loans Act 1926