Local Legislation Act 1957

1: Short Title
This Act may be cited as the Local Legislation Act 1957. County Councils
2: Provision with respect to constitution of new ridings by Akaroa County Council
Whereas by Order in Council made on 20 February 1957 the Borough of Akaroa was abolished and the area of the former borough was included in the County of Akaroa and declared to form part of the Wainui Riding of that county: And whereas the Akaroa County Council (in this section referred to as the Council rural riding urban riding And whereas it is desirable to make provision as hereinafter appearing: Be it therefore enacted as follows: Notwithstanding anything to the contrary in the Counties Act 1956
a: the number of members of the Council shall be increased by 1 member who shall be elected by the electors of the urban riding:
b: a vacancy shall be deemed to exist in the Council for the additional councillor to be elected by the electors of the urban riding and that vacancy shall be filled in the same manner as an extraordinary vacancy in the office of councillor:
c: the 3 members of the Council who represent the electors of the present Wainui Riding shall continue in office as the representatives on the Council of the electors of the rural riding and no election shall be necessary in the rural riding by reason of the constitution of that riding as a new riding of the County of Akaroa.
3: Authorising Eketahuna County Council to make
ex gratia Whereas by an agreement dated 4 February 1955, made between James H. Milne Limited, of Wellington, contractors (in this section referred to as the contractors And whereas no provision was made in the said agreement to cover the incidence of loss by flood damage: And whereas between 21 April 1956 and 23 July 1956 the said bridge, still then in the course of construction, was damaged by 2 separate floods: And whereas the Eketahuna County Council, being satisfied that the loss so incurred by the contractors was not and could not reasonably have been contemplated by them at the time the said agreement was entered into, is desirous of making a payment of 2,000 pounds to the contractors: Be it therefore enacted as follows: The Eketahuna County Council is hereby authorised and empowered to pay the sum of 2,000 pounds to the contractors by way of compensation in respect of the loss incurred by them.
4: Authorising Mount Herbert County Council to make
ex gratia Whereas by an agreement dated 22 June 1954, made between R H Blatchford, of Teddington, contractor (in this section referred to as the contractor And whereas the road metal was supplied and spread in accordance with the terms of the contract by R. H. Blatchford Limited, a duly incorporated private company having its registered office in Christchurch (in this section referred to as the company And whereas by reason of delays caused by circumstances beyond the control of the contractor and the company, the company suffered loss: And whereas in the circumstances the Mount Herbert County Council is desirous of making a payment of 1,031 pounds 9 shillings and 4 pence to the company, being half the aforesaid loss: Be it therefore enacted as follows: The Mount Herbert County Council is hereby authorised and empowered to pay the sum of 1,031 pounds 9 shillings and 4 pence to the company by way of compensation in respect of the loss incurred by the company.
5: Provision with respect to letting of doctor's residence by Cheviot County Council
Whereas the Cheviot County Council (in this section referred to as the Council And whereas a dwellinghouse has been erected on the said land by the Council for a medical practitioner's residence: And whereas the Council was empowered by section 2 And whereas the authority so granted expired on 28 April 1956 and the Council has continued to allow the local medical practitioner the free use and occupation of the said land and dwellinghouse: Be it therefore enacted as follows: The action of the Council in granting the use and occupation of the said land and dwellinghouse free of rent and other outgoings as from 28 April 1956 is hereby validated and the Council is hereby empowered to continue to allow any medical practitioner for the time being practising in the Town of Cheviot to use and occupy the said land and dwellinghouse free of rent and other outgoings for a further period of 10 years from the commencement of this section or during such shorter period as the Council may think advisable.
6: Provision with respect to purchase of certain land by Southland County Council
Whereas the Southland County Council (in this section referred to as the Council And whereas doubts have arisen as to the power of the Council to purchase the said lands and it is expedient that the said purchase be validated: And whereas the Council is desirous of subdividing and selling the said lands partly for housing purposes and partly for industrial purposes: And whereas the Council has no power to subdivide and sell the said lands for industrial purposes, and it is desirable that the Council have that power: Be it therefore enacted as follows:
1: Notwithstanding anything contained in any Act or rule of law, the purchase by the Council of the lands described in subsection (5) is hereby validated.
2: In addition to the powers conferred on the Council in respect of housing under the Counties Act 1956
3: For the purposes of subsection (2) the provisions of sections 347, 350, and 352 to 354 of the Counties Act 1956
4: The District Land Registrar for the Land Registration District of Southland is hereby authorised and directed to accept such documents for registration and to do all such things as may be necessary to give effect to this section.
5: The lands to which this section relates are more particularly described as follows: Firstly, all that piece of land situated in the Invercargill Hundred containing by admeasurement 32 acres 3 roods 5 perches and two-tenths of a perch, more or less, being Lot 3 on Deposited Plan Number 3346, Lot 3 on Deposited Plan Number 5125, Lot 3 on Deposited Plan Number 5132, and being part of Section 12, Block IV, Invercargill Hundred, and being the whole of the land comprised and described in certificate of title, Volume 192, folio 66, Southland Registry. Secondly, all that piece of land situated in the Invercargill Hundred containing 3 acres 3 roods and 29 perches and six-tenths of a perch, more or less, being Lot 2 on Deposited Plan Number 5201, being part of Section 12, Block IV, Invercargill Hundred, and being the whole of the land comprised and described in certificate of title, Volume 6, folio 239, and part of the land comprised and described in certificate of title, Volume 3, folio 150, Southland Registry. Thirdly, all that piece of land situated in the Invercargill Hundred containing 14 acres 3 roods 33 perches, more or less, being Lots 7, 8, and 9 on the plan deposited in the Deeds Register Office at Invercargill as Number 5, Township of Prestonville, being part of Section 12, Block IV, Invercargill Hundred, and being the whole of the land comprised and described in certificate of title, Volume 126, folio 268, Southland Registry, limited as to parcels.
7: Authorising Rodney County Council to raise special loan
Whereas the Rodney County 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 the said sum to its County Fund Account: And whereas it is desirable to authorise the Council to raise a special loan not exceeding the sum of 4,486 pounds for the purpose of recouping its County Fund Account in respect of the money advanced thereout as aforesaid: 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
8: Provision with respect to overdraft of Coromandel County Council
Whereas the Coromandel County Council (in this section referred to as the Council Local Bodies Finance Act 1921–22 And whereas the liabilities of the Council in excess of the limits prescribed by the said Act as at 31 March 1957 amounted to approximately the sum of 17,500 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 special overdraft, the sum of 17,500 pounds.
3: The Council shall repay the said sum of 17,500 pounds by 10 equal payments out of money credited to its General Account, one such payment to be made in each year during the period of 10 years commencing on 1 April 1958: provided that the Council may in any year repay out of its General Account an amount greater than a tenth part.
4: The said sum of 17,500 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 17,500 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 20 of the Local Authorities Loans Act 1956
9: Authorising Waitemata County Council to raise special loan
Whereas the Auckland City Council (in this section referred to as the City Council County Council And whereas it has been agreed that the waterworks shall be transferred from the City Council to the County Council progressively area by area: And whereas the County Council has accepted the transfer of the waterworks in respect of the first of such areas as from 1 April 1957: And whereas negotiations between the City Council and the County Council on some aspects of the said agreement, including the amount to be paid by the County Council to the City Council for the said waterworks, are not yet concluded: And whereas certain extensions and improvements to the said waterworks are needed urgently: And whereas the County Council has already been obliged to spend money from its General Account for the acquisition and provision of land, buildings, materials, and plant in connection with the operation of the said waterworks and will be obliged to spend further money for urgent extensions and improvements thereto: And whereas it is expedient to authorise the County Council to raise a loan to recoup its General Account in respect of money advanced or to be advanced thereout for the purposes aforesaid: Be it therefore enacted as follows: The County Council is hereby authorised and empowered to borrow by way of special loan under the Local Authorities Loans Act 1956
a: refunding to its General Account all money advanced thereout whether before or within 3 months after the commencement of this section in respect of the purchase of the said waterworks, carrying out urgent extensions and improvements thereto, and the acquisition of land, buildings, materials, and plant necessary therefor;
b: extending and improving the said waterworks notwithstanding that their purchase by the County Council may not have been completed. City, Borough, and Town Councils
10: Authorising Ngaruawahia Borough Council to grant lease of certain land to Plunket Society at a peppercorn rental
Notwithstanding anything to the contrary in any Act, the Ngaruawahia Borough Council (in this section referred to as the Council
11: Validating certain expenditure incurred by Picton Borough Council
The expenditure by the Picton Borough Council during the financial year ended on 31 March 1957, of the sum of 100 pounds 2 shillings and 6 pence, out of its General Account, in the purchase of a mayoral chain and badge of office, is hereby validated and declared to have been lawfully incurred.
12: Validating certain expenditure by Temuka Borough Council and Geraldine Borough Council
The expenditure by the Temuka Borough Council of the sum of 262 pounds 19 shillings and 11 pence, and the expenditure by the Geraldine Borough Council of the sum of 273 pounds 13 shillings and 9 pence, during the financial year ended on 31 March 1957, in celebration of the 100th anniversary of the settlement of the Temuka and Geraldine districts, is hereby validated and declared to have been lawfully incurred.
13: Provision with respect to refund to District Fund Account from housing loan by Taradale Borough Council
Whereas, before authority had been obtained to the raising of a loan of the sum of 9,000 pounds, known as the Pensioners' Housing Loan 1957, £9,000 (in this section referred to as the loan Council And whereas authority has since been obtained to the raising of the loan, and the Council is desirous of reimbursing its District Fund Account out of the proceeds of the loan and it is expedient to make provision accordingly: Be it therefore enacted as follows: The Council is hereby authorised and empowered to refund to its District Fund Account out of the proceeds of the loan a sum not exceeding 826 pounds 1 shilling and 10 pence.
14: Validating certain charges made by Whangarei Borough Council in respect of water and sewerage
Whereas, pursuant to bylaws made in that behalf, the Whangarei Borough Council (in this section referred to as the Council And whereas the Council had no authority to impose the said charges: And whereas it is desirable to validate the action of the Council: Be it therefore enacted as follows: The action of the Council in imposing the said charges is hereby validated and the said charges are hereby declared to be valid and effectual for all purposes as from the date on which they were imposed.
15: Validating certain expenditure incurred by Papatoetoe Borough Council
The expenditure by the Papatoetoe Borough Council during the financial year ended on 31 March 1956 of the sum of 97 pounds 10 shillings, out of its General Account, in the purchase of a mayoral chain, is hereby validated and declared to have been lawfully incurred.
16: Provision with respect to overdraft of Bluff Borough Council
Whereas the Bluff Borough Council (in this section referred to as the Council Local Bodies' Finance Act 1921–22 And whereas the overdraft of the Council at 31 March 1957 was 16,826 pounds 3 shillings and 11 pence: And whereas, after allowing for outstanding revenue and for the payment of accounts due and payable, the excess liabilities of the Council as at 31 March 1957 amounted to the sum of 16,268 pounds 12 shillings and 4 pence: 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 special overdraft the sum of 15,000 pounds.
3: The Council shall repay the said sum of 15,000 pounds by 10 equal payments, one such payment to be made in each year during the period of 10 years commencing on 1 April 1958, and for the purpose of providing the sum necessary to meet each annual payment the Council shall, in each of those years, without further authority than this section, make and levy a separate rate on all rateable property in the borough of Bluff of such amount as may be necessary to produce the sum required: provided that the Council may in any year repay out of its General Account a further amount that will increase the repayment in that year by an amount greater than one-tenth part.
4: Any separate rate made under this section shall not be taken into account in determining the total amount of separate rates that may be made and levied in the borough pursuant to section 93 of the Municipal Corporations Act 1954
5: The said sum of 15,000 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.
6: The said sum of 15,000 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 20 of the Local Authorities Loans Act 1956
17: Authorising New Plymouth City Council to make certain grants to the New Plymouth Public Relations Office Incorporated
The New Plymouth City Council is hereby authorised to make grants not exceeding 1,250 pounds to the New Plymouth Public Relations Office, a society incorporated under the Incorporated Societies Act 1908
18: Authorising Dunedin City Council to make certain grants to the Otago Development Council Incorporated
The Dunedin City Council is hereby authorised to make grants not exceeding 1,500 pounds to the Otago Development Council, a society incorporated under the Incorporated Societies Act 1908
19: Validating refund to District Fund Account from loan money by Ashburton Borough Council
Whereas, before authority was obtained to the raising of a loan of the sum of 15,000 pounds, known as the Extra Sewerage Loan 1956, £15,000 (in this section referred to as the loan Council And whereas authority has since been obtained to the raising of the loan: And whereas the Council has refunded to its District Fund Account out of the proceeds of the loan the sum of 7,808 pounds 3 shillings and 3 pence: And whereas the Council had no authority to make such a refund and it is desirable to validate the same: Be it therefore enacted as follows: The action of the Council in refunding the sum of 7,808 pounds 3 shillings and 3 pence to its District Fund Account out of the proceeds of the loan is hereby validated and declared to have been lawful.
20: Authorising Shannon Borough Council to raise a special loan
Whereas the Shannon 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 the said sum to its District Fund Account: And whereas it is desirable to authorise the Council to raise a special loan not exceeding the sum of 2,500 pounds for the purpose of recouping its District Fund Account in respect of the money advanced thereout as aforesaid: Be it therefore enacted as follows: The Council is hereby authorised and empowered to borrow by way of a special loan under the Local Authorities Loans Act 1956
21: Authorising expenditure of certain money by Cromwell Borough Council for development work on certain endowment land
Whereas the Cromwell Borough Council (in this section referred to as the Council And whereas the Council is required to expend the said money in the purchase of other lands to be held for the same purposes as the lands sold: And whereas the Council holds adequate lands for the purposes of the Borough of Cromwell and it is desirable to authorise the Council to utilise certain of the money in the Land Sales Account for the purpose of carrying out development work on certain land vested or which may hereafter be vested in the Council: Be it therefore enacted as follows:
1: It shall be lawful for the Council to transfer an amount not exceeding the sum of 2,000 pounds
2: The money so transferred to the said Endowment Development Account may be expended by the Council for the purpose of development work on certain endowment land vested in the Council comprised in certificate of title, Volume 121, folio 184, Otago Registry, including any land which may become vested in the Council by reason of the stopping of any road passing through the said land, or for the purpose of recouping its District Fund Account in respect of any such expenditure incurred by the Council on the said land and paid for out of its District Fund Account at any time after 1 January 1957
3: Any balance unexpended in the said Endowment Development Account at 31 March 1960 shall be transferred back to the said Land Sales Account at that date.
4: Development work shall include such work in the nature of subdivision and permanent improvements, carried out after 1 January 1957, as the Council considers necessary or advisable to enable the land to be irrigated, subdivided, and let to tenants upon the most advantageous terms. Section 21(1) amended 22 October 1959 section 22(a) Local Legislation Act 1959 Section 21(2) amended 22 October 1959 section 22(b) Local Legislation Act 1959
22: Authorising raising of special loan by Tauranga Borough Council
Whereas the Tauranga 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 the said sum of 7,300 pounds to its Abattoir Account: And whereas it is desirable to authorise the Council to raise a special loan not exceeding the sum of 7,300 pounds for the purpose of reimbursing its Abattoir Account in respect of the money advanced or to be advanced thereout as aforesaid: 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
23: Validating agreement between Otorohanga Borough Council and Levin Amusements Limited
Whereas by section 20 section 32 company And whereas the said deeds provided for the amalgamation of the motion picture exhibition business conducted by the said Board in the Town District of Otorohanga with a similar business conducted in the said Town District by the company: And whereas on 1 October 1953 the said town district was constituted a borough: And whereas the deed bearing date 25 March 1952 expired on 1 October 1956, and the Otorohanga Borough Council has entered into a further deed of arrangement with the company dated 29 July 1957, and it is desirable to validate the further deed of arrangement: Be it therefore enacted as follows: All parties to the deed of arrangement dated 29 July 1957 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.
24: Validating variation of terms of raising certain loan money by Cambridge Borough Council
Whereas by Order in Council made on 20 July 1955 consent was given to the raising by the Cambridge Borough Council (in this section referred to as the Council And whereas by Order in Council made on 28 March 1956 consent was given to the raising by the Council of a loan of 3,600 pounds to be known as the Plant Loan 1955: And whereas one of the conditions determined by the Local Government Loans Board in respect of the said loans was that the said loans or any part thereof together with interest thereon should be repaid by equal aggregate annual or half-yearly instalments extending over the respective terms thereof: And whereas the Council has raised the said loans on conditions providing for repayment in 1 sum at the end of the respective terms thereof: And whereas it is desirable that the actions of the Council in varying the authorised manner of repaying the said loans should be validated: Be it therefore enacted as follows:
1: The actions of the Council in raising the said loans otherwise than in accordance with the conditions determined by the Local Government Loans Board relating to the provisions for repayment thereof are hereby validated and the said sums of 3,100 pounds and 3,600 pounds shall be deemed to have been lawfully borrowed, and the debentures or stock issued in respect thereof shall be deemed to have been lawfully executed and issued by the Council and shall have full force and effect according to their tenor.
2: The Council shall make provision for the repayment of the said loans by establishing a sinking fund for each loan and shall make annual payments to such sinking funds at a rate of not less than 2 pounds 9 shillings and 8 pence per cent per annum in respect of the Water Supply Supplementary Loan 1955, and 8 pounds 8 shillings and 6 pence per cent per annum in respect of the Plant Loan 1955, calculated on the respective amounts of the said loans for the time being borrowed and not repaid.
25: Validating borrowing of certain loan money by Waipukurau Borough Council
Whereas on 17 August 1955 the Local Government Loans Board sanctioned the raising by the Waipukurau Borough Council (in this section referred to as the Council loan And whereas contrary to the provisions of the Local Government Loans Board Act 1926, the Council, without first obtaining the consent of the Governor-General in Council, raised the loan: And whereas it is desirable that the action of the Council in raising the loan should be validated: Be it therefore enacted as follows: The action of the Council in raising the loan without first obtaining the consent of the Governor-General in Council is hereby validated, and the money received by the Council in respect thereof shall be deemed to have been lawfully borrowed.
26: Provision with respect to refund to District Fund Account from loan money by Gore Borough Council
Whereas, before authority had been obtained to the raising of a loan of the sum of 31,500 pounds known as the Water Scheme Completion Loan 1954 (in this section referred to as the loan Council And whereas authority has since been obtained to the raising of the loan and the Council is desirous of reimbursing its District Fund Account out of the proceeds of the loan and it is expedient to make provision accordingly: Be it therefore enacted as follows: The Council is hereby authorised and empowered to refund to its District Fund Account out of the proceeds of the loan a sum not exceeding 26,820 pounds 19 shillings and 2 pence.
27: Validating certain expenditure incurred by Patea Borough Council in connection with anniversary celebrations
The expenditure by the Patea Borough Council during the financial year ended on 31 March 1957, of the sum of 214 pounds 10 shillings and 2 pence in celebration of the 75th anniversary of the Borough of Patea, is hereby validated and declared to have been lawfully incurred.
28: Validating variation of terms of raising certain loan money by Palmerston North City Council
Whereas by Order in Council made on 1 March 1955, pursuant to the Local Government Loans Board Act 1926 Council loan And whereas one of the conditions determined by the Local Government Loans Board in respect of the loan was that the loan or any part thereof, together with interest thereon, should be repaid by equal aggregate annual or half-yearly instalments extending over a term of 25 years: And whereas the Council has raised the loan on terms that it should be repaid over a period of 10 years by annual payments of 100 pounds over the first 5 years and by annual payments of 200 pounds over the next 4 years and a final payment of 3,900 pounds the next year: And whereas it is desirable that the action of the Council in varying the authorised manner of repaying the loan should be validated: Be it therefore enacted as follows: The action of the Council in raising the loan otherwise than in accordance with the conditions determined by the Local Government Loans Board relating to the provisions for repayment thereof is hereby validated and the sum of 5,200 pounds shall be deemed to have been lawfully borrowed and all debentures or stock issued in respect thereof shall be deemed to have been lawfully executed and issued by the Council and shall have full force and effect according to their tenor.
29: Provision with respect to certain loan raised by East Coast Bays Borough Council
Whereas on 2 August 1956 the Local Government Loans Board sanctioned the raising by the East Coast Bays Borough Council (in this section referred to as the Council loan And whereas the raising of the loan was subsequently authorised by a poll of ratepayers of the Borough of East Coast Bays (in this section referred to as the poll And whereas by Orders in Council made respectively on 23 October 1956 and 19 June 1957 consent was given to the raising of the loan by the Council: And whereas the voting paper used at the poll (in this section referred to as the voting paper And whereas the proceedings taken by the Council prior to the poll were irregular in that, firstly, neither the notice published by the Council and purporting to be in compliance with section 10 of the Local Bodies’ Loans Act 1926 notice formation of footpaths And whereas no part of the proceeds of the loan has heretofore been expended by the Council for purposes other than those set out in the voting paper: And whereas it has been found that the proceeds of the loan will be insufficient to enable the Council to carry out all the purposes set out in the voting paper: And whereas it is expedient to validate the proceedings in connection with the raising of the loan and the expenditure of the proceeds of the loan heretofore made by the Council and also to authorise the Council to expend the proceeds of the loan not heretofore expended generally for all or any of the purposes set out in the voting paper as may be determined by the Council from time to time: Be it therefore enacted as follows:
1: All proceedings in connection with the raising of the loan are hereby validated, the money received by the Council in respect thereof shall be deemed to have been lawfully borrowed, and the debentures or stock issued in respect thereof shall be deemed to have been lawfully executed and issued by the Council and shall have full force and effect according to their tenor.
2: The Council is hereby authorised and shall be deemed to have been at all times authorised to expend the proceeds of the loan for the purposes set out in the voting paper or such 1 or more of those purposes to the exclusion of the other or others of them as may be or may have been determined by the Council from time to time.
3: The purposes for which the loan was required as set out in the voting paper are as follows: The formation, metalling, sealing, and forming and constructing footpaths on one side of the following roads, also water pipe crossings: Carlisle Road, Brown's Bay Road, Knight's Road, and Hastings Road; also formation, metalling, and sealing of East Coast Road; renewing Clyde Road Bridge; stormwater drainage.
30: Authorising Mosgiel Borough Council to make
ex gratia Whereas by an agreement dated 10 December 1953, made between Robert Jack Fairweather, of Dunedin, contractor (in this section referred to as the contractor Council And whereas by reason of certain unexpected difficulties encountered in the execution of the said works the contractor was unable to complete them for the sum agreed upon: And whereas the Council, being satisfied that the difficulties encountered were not and could not have been contemplated by the contractor at the time the said agreement was entered into, is desirous of making a payment of 350 pounds to the contractor: Be it therefore enacted as follows: The Council is hereby authorised and empowered to pay the sum of 350 pounds to the contractor by way of compensation for the loss incurred by him.
31: Authorising Lower Hutt City Council to raise a special loan
Whereas on 16 September 1954 the Local Government Loans Board sanctioned the raising by the Hutt County Council (in this section referred to as the County Council And whereas the raising of the loan was subsequently authorised by a poll of ratepayers: And whereas the County Council has raised as part of the said loan the sum of 69,800 pounds: And whereas by an Order in Council made on 8 October 1956 Stokes Valley was excluded from the County of Hutt and included in the City of Lower Hutt as on and from the date of that Order in Council: And whereas it is desirable that the Lower Hutt City Council (in this section referred to as the City Council And whereas the City Council may be required to expend money out of its District Fund Account for the purposes for which the balance of the said loan is to be raised: And whereas doubts have arisen as to whether the City Council has authority to raise the balance of the said loan and it is expedient to remove those doubts and to authorise the Council to reimburse its District Fund Account in respect of any money expended thereout as aforesaid: Be it therefore enacted as follows:
1: The City Council is hereby authorised to raise by way of a special loan under the Local Authorities Loans Act 1956
2: The City Council is hereby authorised to refund to its District Fund Account from the proceeds of the loan when raised any money expended from that account, whether before the date of the commencement of this section or within 6 months after that date, in respect of the said works.
32: Validating proceedings in connection with raising of certain loans by Kaitaia Borough Council
Whereas, by Orders in Council made on 12 May 1954 and 11 October 1955, consent was given to the borrowing by the Kaitaia Borough Council (in this section referred to as the Council loans And whereas, contrary to the provisions of section 24 of the Health Act 1920 And whereas doubts have arisen as to the validity of the proceedings in connection with the raising of the loans and it is desirable that these doubts be resolved: Be it therefore enacted as follows: The proceedings in connection with the raising of the loans are hereby validated, the money received in respect thereof shall be deemed to have been lawfully borrowed, and the debentures issued in respect thereof shall be deemed to have been lawfully executed and issued by the Council.
33: Authorising expenditure of certain money held in trust by Kohukohu Town Council
Whereas the Kohukohu Town Council (in this section referred to as the Council And whereas the Council is acquiring a building for use as a library, rest room, and town council offices and is desirous of applying the said money firstly, in the purchase of the said building, secondly, in the improvement of that part of the said building to be used for library purposes, and, finally, in the general improvement of the said building: And whereas it is desirable to make provision in manner hereinafter appearing: Be it therefore enacted as follows: The existing trust for which the said money is held by the Council is hereby discharged and the Council is authorised to expend the said money firstly, in the acquisition of a building for use as a library, rest room, and town council offices, secondly, to the extent of a sum of not less than 125 pounds, in the improvement of that part of the said building to be used for library purposes, and, finally, in respect of any balance, in the general improvement of the said building.
34: Validating deed entered into between Lower Hutt City Corporation and Hutt Valley Old Folks and Pensioners Association Incorporated
Whereas, by a certain deed bearing date 16 August 1957, a certified copy of which is deposited in the Department of Internal Affairs at Wellington under Number IA 105/853, made between the Corporation of the Mayor, Councillors, and Citizens of the City of Lower Hutt (in this section referred to as the Corporation Incorporated Societies Act 1908 Association And whereas the Corporation desires to grant to the Association a lease of portion of the said building for a period of 99 years upon the terms and subject to the conditions set out in the said deed: And whereas doubts have arisen as to the authority of the Corporation to enter into the said deed and it is desirable that the said deed should be validated and the Corporation should be authorised to grant a lease in accordance with the terms of the said deed: Be it therefore enacted as follows:
1: Notwithstanding anything contained in the Municipal Corporations Act 1954
2: The Corporation may grant to the Association in terms of the said deed a lease of portion of the said building as defined by the said deed for the use of the Association and aged people residing in the Hutt Valley.
35: Authorising Stratford Borough Council to sell certain land
Whereas the land described in subsection (4) is vested in the Mayor, Councillors, and Citizens of the Borough of Stratford in trust as an endowment in aid of the municipal funds: And whereas the said land is no longer required for that purpose and it is expedient to empower the Stratford Borough Council (in this section referred to as the Council Be it therefore enacted as follows:
1: The Council may, without further authority than this section, sell the land described in subsection (4) by public auction, public tender, private treaty, or otherwise on such terms and subject to such conditions as it thinks fit and on the sale of that land all trusts and reservations theretofore affecting the same shall be deemed to be cancelled.
2: The proceeds from the sale of the said land shall be applied by the Council in or towards the purchase of other land for public purposes.
3: The District Land Registrar for the Land Registration District of Taranaki is hereby authorised and directed to accept such documents for registration and to do all such other things as may be necessary to give effect to this section.
4: The land to which this section relates is more particularly described as follows: All that area of land situated in the Borough of Stratford containing by admeasurement 1 rood, more or less, being Section 358, Town of Stratford, and being part of the land comprised and described in certificate of title, Volume 70, folio 119, Taranaki Registry. Harbour Board
36: Authorising Auckland Harbour Board to make donation to Auckland Young Men's Christian Association New Building Campaign Committee
The Auckland Harbour Board is hereby authorised to expend from its Harbour Fund the sum of 1,000 pounds as a donation to the Auckland Young Men's Christian Association New Building Campaign Committee. Electric Power Board
37: Authorising Opunake Electric Power Board to collect certain subscriptions on behalf of Opunake Sub-centre of the St. John Ambulance Association
Whereas the Opunake Electric Power Board (in this section referred to as the Board Association And whereas the Board has no authority to collect the subscriptions and it is desirable that it be authorised to do so: Be it therefore enacted as follows:
1: The Board is hereby authorised and empowered from time to time to debit the account of any consumer who authorises the Board in writing in that behalf with the annual subscription of that consumer to the Association.
2: The Board is hereby authorised and empowered to collect from its consumers any subscriptions debited to the accounts of consumers as aforesaid, and to pay the sums so collected in lump sums from time to time to the Association. Catchment Board
38: Further extending period during which classification for rating purposes of certain lands in Manawatu Catchment District shall continue in force
Whereas, pursuant to the River Boards Act 1908 Soil Conservation and Rivers Control Act 1941 Board And whereas, pursuant to section 13 of the Soil Conservation and Rivers Control Amendment Act 1946 And whereas that period expired on 31 March 1952: And whereas, by section 2 of the Manawatu Catchment Board Empowering Act 1952 And whereas that period expired on 1 April 1955: And whereas, by section 27 And whereas that period has now expired and the Board is desirous of continuing the said classification in force for a further period of 2 years: Be it therefore enacted as follows: The Board may, by special order, declare that the classification of the lands in the former Palmerston North River District previously made by the Palmerston North River Board for rating purposes, and the proportions fixed in relation thereto, shall continue in force as if they were a classification made and proportions fixed pursuant to the Soil Conservation and Rivers Control Act 1941 Soil Conservation and Rivers Control Act 1941 provided that no part of the proceeds of any separate rate levied pursuant to the said classification shall be applied towards the construction or maintenance of any works which were not in existence at the time of the abolition of the Palmerston North River District.
39: Further extending period during which classifications for rating purposes of certain lands in North Canterbury Catchment District shall continue in force
Amendment(s) incorporated in the Act(s) Affecting 2 or more classes of public bodies
40: Validating certain agreement between New Plymouth City Council and other local authorities as to establishment of crematorium
Whereas for the purpose of making provision for the establishment, erection, and control of a crematorium in the Provincial District of Taranaki and for defraying the cost thereof, the local authorities mentioned in subsection (6) entered into an agreement dated 23 May 1957, a certified copy of which agreement is recorded in the Department of Internal Affairs, at Wellington, as Number IA 105/784: And whereas doubts have arisen as to the powers of the local authorities concerned to enter into and become bound by the said agreement: And whereas it is desirable that the said agreement should be validated and that the powers contained in subsection (2) and subsection (4) should be conferred on the New Plymouth City Council: Be it therefore enacted as follows:
1: Notwithstanding anything to the contrary in the Municipal Corporations Act 1954 Counties Act 1956 Cemeteries Act 1908 Health Act 1956 Public Works Act 1928
2: While the said agreement remains in full force and effect, the New Plymouth City Council may make bylaws from time to time for all or any of the following purposes:
a: regulating the use of the crematorium to be established and erected under the said agreement:
b: maintaining, preserving, and embellishing the said crematorium or any building used in connection therewith:
c: protecting the said crematorium and any such building from destruction or damage:
d: regulating the manner and method of cremation in the said crematorium:
e: regulating the extent to which the public may have access to the said crematorium and to any garden or grounds belonging thereto:
f: fixing a scale of fees payable for cremation and for the use of any building provided for the preservation of the ashes of the dead, and providing for any such scale to be altered at any time by resolution of the Council publicly notified: provided that no such bylaw shall have any force or effect unless and until the same has been approved by a resolution of the committee to be appointed pursuant to the said agreement, which approval may be proved by the production of a copy of the resolution with a certificate thereon purporting to be signed by the chairman and any 2 members of the committee: provided also that no such bylaw shall have any force or effect unless and until it has been approved by the Minister of Health and his approval has been publicly notified.
3: The provisions of Part 29 of the Municipal Corporations Act 1954
4: The New Plymouth City Council may from time to time, as and when authorised by the Committee so to do, borrow by way of special order under the Local Authorities Loans Act 1956 provided that the proviso to subsection (1) of section 34 of the Local Authorities Loans Act 1956 and subsection (2) of that section
5: Any borough council, county council, or town council, the district of which is situated within the Provincial District of Taranaki, may at any time become a party to the said agreement upon such terms and conditions as may be agreed upon between all the parties for the time being to the said agreement and that council, including such variation of the said agreement as may be thought necessary or advisable, and embodied in a supplementary agreement duly executed by all such parties as aforesaid and that council and thereupon the provisions of the said agreement as varied by any such supplementary agreement shall apply and take effect according to their tenor.
6: The local authorities to which this section relates are: New Plymouth City Council Taranaki County Council Clifton County Council Inglewood County Council Stratford County Council Eltham County Council Waimate West County Council Waitara Borough Council Inglewood Borough Council Eltham Borough Council Kaponga Town Council
41: Exempting certain land occupied by Auckland Transport Board from liability for rates
Section 41 repealed 1 April 1968 Rating Act 1967 Miscellaneous
42: Authorising sale of certain land by Trustees of Loyal Motueka Lodge Number 4467 of the Independent Order of Oddfellows
Whereas by a certain deed of conveyance dated 13 January 1863, and registered in the Deeds Registry Office at Nelson under Number 6490, the land described in subsection (3), situate in the Borough of Motueka, was conveyed in trust as a site for the erection of a hall for the use and benefit of the Order of Oddfellows in the Motueka District: And whereas the said land is now vested in the Trustees of the Loyal Motueka Lodge Number 4467 of the New Zealand Branch Manchester Unity Independent Order of Oddfellows Friendly Society (in this section referred to as the Trustees And whereas the Trustees have recently acquired other hall premises in the said borough and the said land is no longer required for the purposes of the said trust: Be it therefore enacted as follows:
1: The Trustees may, without further authority than this section, sell the land described in subsection (3) in such manner and on such terms and subject to such conditions as they think fit and on the sale of the said land any trust or reservation theretofore affecting the same shall be deemed to be cancelled.
2: The proceeds from the sale of the said land shall be applied by the Trustees for the use and benefit of the Loyal Motueka Lodge Number 4467 of the New Zealand Branch Manchester Unity Independent Order of Oddfellows Friendly Society.
3: The land to which this section relates is more particularly described as follows: All that parcel of land situated in the Nelson Land District, Borough of Motueka, containing by admeasurement 36 perches, more or less, being part of Section 155, Motueka District, and being all the land comprised in certificate of title, Volume 125, folio 22, Nelson Registry.