Local Legislation Act 1976

1: Short Title
This Act may be cited as the Local Legislation Act 1976. City and borough councils
2: Dunedin City Council:
ex gratia The Mayor, Councillors, and Citizens of the City of Dunedin (in this section referred to as the Corporation said company ex gratia
3: Dunedin City Council:
ex gratia The Mayor, Councillors, and Citizens of the City of Dunedin (in this section referred to as the Corporation Company ex gratia
4: Manukau City Council: lease of land for religious purposes
1: In this section— the Corporation the said lease the said land 2
2: The Corporation is hereby authorised and empowered, upon and subject to such terms and conditions as it thinks fit,—
a: by agreement with the lessee for the time being thereunder to vary, in respect of the said land, any covenant, condition, or restriction contained or implied in, or imposed by the said lease; and
b: upon the expiration or surrender of the said lease in respect of the said land, deal with the said land in every way— as if the expression commercial or industrial purpose
5: Manukau City Council:
ex gratia The Mayor, Councillors, and Citizens of the City of Manukau (in this section referred to as the Corporation Company
6: Manukau City Council: Wiri bus depot
1: Notwithstanding section 7(3) of the South Auckland Local Authorities Empowering Act 1966, the actions of the Mayor, Councillors, and Citizens of the City of Manukau in paying, out of the net proceeds of the sale of the bus depot established under that Act, $30,093 to the Papatoetoe City Council, $36,606 to the Mount Wellington Borough Council, $16,342 to the Otahuhu Borough Council, and $40,513 to itself, are hereby validated and declared to have been lawful.
2: The South Auckland Local Authorities Empowering Act 1966 is hereby repealed.
7: Murupara Borough Council: validating excessive rate
Notwithstanding that the general rate on the unimproved value of rateable property of 7 cents per dollar resolved to be made and levied in respect of the year that ended with 31 March 1975 by the Murupara Borough Council (in this section referred to as the Council said rate
a: the said rate is hereby validated and declared to have been lawfully made:
b: all actions of the Council in levying and collecting the said rate are hereby validated and declared to have been lawful:
c: all money received by the Council in payment of the said rate is hereby declared to have been lawfully paid to and received by it:
d: such part of the said rate as has not yet been paid to the Council is hereby declared to be lawfully payable, and capable of being collected as if it had always been lawfully payable.
8: Ngaruawahia Borough Council: validating refund of money from loan
The actions of the Ngaruawahia Borough Council in paying the sum of $3,815 out of the proceeds of the loan known as the Water Supply Improvement Loan No 2 1974 into its General and Separate Rates and General Appropriations Account, in repayment of amounts spent in anticipation of the raising of that loan for purposes for which that loan was to be raised, are hereby validated and declared to have been lawful.
9: Papakura City Council: validating illegal loans
1: The actions of the Papakura City Council in raising the loans described in subsection (2) (in this section referred to as the said loans
2: The said loans comprise:
a: the loan of $35,000 known as the Pensioner Flats (Marne Road) Loan 1974;
b: the loan of $50,000 known as the Sewer Drainage Reticulation Loan 1975; and
c: the loan of $60,000 known as the Water Supply Improvement Loan 1974.
10: Te Aroha Borough Council: validating excessive rate
Notwithstanding that the general rate on the unimproved value of rateable property of 4.9196 cents per dollar resolved to be made and levied in respect of the year that ended with 31 March 1975 by the Te Aroha Borough Council (in this section referred to as the Council said rate
a: the said rate is hereby validated and declared to have been lawfully made:
b: all actions of the Council in levying and collecting the said rate are hereby validated and declared to have been lawful:
c: all money received by the Council in payment of the said rate is hereby declared to have been lawfully paid to and received by it:
d: such part of the said rate as has not yet been paid to the Council is hereby declared to be lawfully payable, and capable of being collected as if it had always been lawfully payable.
11: Te Kuiti Borough Council: extra payment to contractor
The actions of the Te Kuiti Borough Council in—
a: entering into an agreement dated 9 December 1974 whereby the said Council, in consideration of the completion by Donald Foster of Te Kuiti, contractor, within the time already specified therefor, of certain works agreed to be done by him, agreed to pay him the sum of $5,228.17 in excess of the amount already agreed to be paid to him for the doing of those works; and
b: paying the amount of $5,228.17 to the said Donald Foster on 13 June 1975— are hereby validated and declared to have been lawful.
12: Waihi Borough Council: sale of land taken for public recreation and pleasure ground
1: The land described in subsection (4) (in this section referred to as the said land provided that this subsection shall not affect any lease to which the said land was then subject, or any renewal of any such lease.
2: The Mayor, Councillors, and Citizens of the Borough of Waihi shall not sell any part of the said land except to the lessee for the time being thereof from it.
3: The District Land Registrar of the Land Registration District of South Auckland shall do all such things and make all such entries in his registers as may be necessary to give full effect to this section.
4: The said land comprises all that area in the South Auckland Land District, Ohinemuri County containing 12.5395 hectares, more or less, being Lot 1, Block I, DP 17197 being Part Waihi No 2 and 3 Blocks, Lots 2–9, Block I, Lots 1–7 and 10–13, Block II, Lots 1–8, 14–19 and 25–28, Block III, Lots 1–15, Block IV, Lots 1–3, Block V, DP 17197 being Part Waihi No 3 Block, Lots 4 and 5, Block V, DP 17197 being Part Waihi No 3 and 5 Blocks, Lots 16–32, Block IV, Lots 6–16, Block V, Lots 1–19, Block VI, Lots 1–15 and 18–29, Block VII, Lots 1–9, Block VIII, Lots 1–32, Block IX, Lots 1–16, Block X, Lots 1–13, Block XI, Lots 1–4, Block XII, Lots 1–19, Block XIII, DP 17197 being Part Waihi No 5 Block, Lots 1–32, 34–59 and Part Lot 33, DP 26781 being Part Waihi No 5 Block, Lots 1 and 2, DPS 10618 being Part Waihi No 3 Block, Lots 1 and 2, DPS 21291 being Part Waihi No 5 Block, Lot 1, DPS 2880 being Part Waihi No 5 Block, all situated in Block III, Waihi North Survey District.
5: Amendment(s) incorporated in the Act(s)
13: Waipawa Borough Council: validating sale of land
1: Notwithstanding that the Mayor, Councillors, and Citizens of the Borough of Waipawa (in this section referred to as the Council said land
a: the Memorandum of Transfer of the land described in subsection (2)(a) to Delta Engineering Company Limited, a duly incorporated company having its registered office at Waipawa, dated 13 December 1974 and registered in the Hawke's Bay District Land Registry under No 309649.1:
b: the Memorandum of Transfer of the land described in subsection (2)(b) to S. J. E. Stephenson Limited, a duly incorporated company having its registered office at Waipawa, dated 4 October 1974 and registered in the Hawke's Bay District Land Registry under No 309639.2:
c: the Memorandum of Transfer of the land described in subsection (2)(c) to Ashby Brothers (C.H.B.) Limited, a duly incorporated company having its registered office at Waipawa, dated 4 October 1974 and registered in the Hawke's Bay District Land Registry under No 309639.1.
2: The said land comprises:
a: all that parcel of land containing 162 m 2
b: all that parcel of land containing 7 773 m 2
c: all that parcel of land containing 4 193 m 2 County councils
14: Bay of Islands County Council: vesting of stopped road
1: The Chairman, Councillors, and Inhabitants of the County of Bay of Islands shall forthwith surrender to the District Land Registrar of the Land Registration District of North Auckland (in this section referred to as the Registrar Schedule
2: Upon the surrender to the Registrar of the certificate of title relating to it, each such parcel of land shall vest in the owner of adjoining land, and subject to the encumbrances, specified in the sixth column of the Schedule
3: The Registrar shall, without payment of any fee, do all such things and make all such entries in his registers as may be necessary to give full effect to this section.
15: Bay of Islands County Council: validating uniform annual charges
Notwithstanding that the uniform annual charges relating to the Kerikeri water supply scheme resolved to be made and levied by the Bay of Islands County Council (in this section referred to as the Council said charges
a: the said charges are hereby validated and declared to have been lawfully made:
b: all actions of the Council in levying and collecting the said charges are hereby validated and declared to have been lawful:
c: all money received by the Council in payment of the said charges is hereby declared to have been lawfully paid to and received by it:
d: such part of the said charges as has not yet been paid to the Council is hereby declared to be lawfully payable, and capable of being collected as if it had always been lawfully payable.
16: Taranaki County Council: contribution towards New Plymouth Opera House upgrading
The Taranaki County Council (in this section referred to as the Council Part 2 provided that the receipt of the Secretary for the time being of the said Board shall be a full and sufficient discharge of the Council for the said money, and the Council shall not be obliged to see to its application.
17: Taupo County Council: validating excessive rate
Notwithstanding that the general rate on the unimproved value of rateable property in the Mangakino Riding of 3.07 cents per dollar resolved to be made and levied in respect of the year that ended with 31 March 1975 by the Taupo County Council (in this section referred to as the Council said rate
a: the said rate is hereby validated and declared to have been lawfully made:
b: all actions of the Council in levying and collecting the said rate are hereby validated and declared to have been lawful:
c: all money received by the Council in payment of the said rate is hereby declared to have been lawfully paid to and received by it:
d: such part of the said rate as has not yet been paid to the Council is hereby declared to be lawfully payable, and capable of being collected as if it had always been lawfully payable.
18: Whakatane County Council: validating special rates
1: Notwithstanding that the total amount of each of the rates described in subsection (2) (in this section referred to as the said rates Council
a: the said rates are hereby validated and declared to have been lawfully made:
b: all actions of the Council in levying and collecting the said rates are hereby validated and declared to have been lawful:
c: all money received by the Council in payment of the said rates is hereby declared to have been lawfully paid to and received by it:
d: such part of the said rates as has not yet been paid to the Council is hereby declared to be lawfully payable, and capable of being collected as if it had always been lawfully payable.
2: The said rates comprise:
a: the special rate of 2.85 cents per dollar on the unimproved value of all rateable property in the area formerly known as the County Town of Matata, made by the Council in respect of the year that ended with 31 March 1975 at a duly notified ordinary meeting held on 23 July 1974 for the purpose of meeting the charges on, and repaying, a loan raised for the purposes of the Matata water supply;
b: the special rate of 1.8 cents per dollar on the unimproved value of all rateable property in the area formerly known as the County Town of Edgecumbe, made by the Council in respect of the year that ended with 31 March 1975 at the same meeting for the purpose of meeting the charges on, and repaying, a loan raised for the purposes of the Edgecumbe sewerage scheme; and
c: the special rate of 0.41 cents per dollar on the land value of all rateable property in the community of Matata, made by the Council in respect of the year that ended with 31 March 1976 at a duly notified ordinary meeting held on 29 July 1975 for the purpose of meeting the charges on, and repaying, the said loan raised for the purposes of the Matata water supply. Miscellaneous
19: Validating Election of Greytown Trust Lands Trustees
1: Notwithstanding the provisions of the Greytown Trust Lands Act 1956, the actions of the Greytown Trust Lands Trustees (in this section referred to as the Board
a: not making available for public inspection between 1 and 15 February 1976 the electors list described in section 4(1) of that Act; and
b: not holding a meeting between 22 and 28 February 1976 to hear and determine objections to the said electors list made pursuant to section 5 of the said Act— are hereby validated and declared to have been lawful.
2: Notwithstanding the provisions of the Local Elections and Polls Act 1966, the actions of Trevor John Morris, the former Returning Officer for the Board, in—
a: giving a lesser period of notice that an election was to be held on 27 May 1976 than the 35 days' notice required to be given by section 12 of that Act; and
b: accepting from candidates at the said election a deposit of $6 rather than the $10 required to be deposited by them by section 14(1) of the said Act— are hereby validated and declared to have been lawful.
3: Jack Alexander Hannan, of Greytown, company director, and Burnett Hereward Love Bull, of Greytown, retired overseer, are hereby declared to have been lawfully elected as members of the Board on 27 May 1976.
4: For the avoidance of doubt it is hereby declared that Thomas Harold Warburton, of Greytown, market gardener, and Donald Barclay Knight, of Greytown, clerk, were lawfully elected as members of the Board in 1975, and George Guy Brunton, of Greytown, shop manager, and Victor Keith Cooke, of Greytown, chemist, were lawfully elected as members of the Board in 1974.
20: Manawatu Catchment Board: compassionate grant
Notwithstanding section 6
21: Marlborough Hospital Board: maternity facilities at Picton Hospital
Notwithstanding section 157(c) of the Hospitals Act 1957 and Schedule 6 thereto, the discontinuance of accommodation and services for maternity patients at the Picton Hospital, on and from 17 November 1975, is hereby validated and declared to have been and to continue to be lawful.
22: Nelson Provincial Museum Trust Board: validation of amendment to agreement by contributing Councils
1: The agreement dated 24 August 1976, a certified copy of which is recorded in the Department of Internal Affairs at Wellington as number 105/887, between the local authorities specified in subsection (9) (in this section referred to as the contributing Councils
2: The agreement specified in section 40 said agreement
3: The contributions payable under the said agreement by the contributing Councils shall continue to be paid to the Nelson City Council (in this section referred to as the Council
4: The Executive Committee constituted pursuant to the said agreement shall continue to prepare vouchers for all expenses incurred by it and shall, at the end of every month, submit the vouchers duly certified as payable by the Chairman of the Committee to the Council, which shall be responsible for the payment out of the Museum Account of those expenses.
5: All donations and gifts for the Museum, including any bequests or the proceeds of any devises or bequests, that may be received by the Nelson Provincial Museum Trust Board constituted pursuant to the said agreement (in this section referred to as the Board provided that no money in the Gifts Account shall be expended except pursuant to a resolution of the Board: provided also that any property of any kind that is or has been given or held upon trust for a particular purpose shall be used only for that purpose.
6: It shall be lawful for the Nelson Institute, a body corporate constituted under the Nelson Institute Act 1907
7: While the said agreement remains in force, the Council may, from time to time, make bylaws for the purpose of regulating, controlling, or prohibiting any act, matter, or thing in connection with the control, management, maintenance, or use of the museum: provided that no such bylaw shall have any force or effect unless and until it has been approved by a resolution of the Board, 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 Board.
8: Part 29 of the Municipal Corporations Act 1954 shall apply to all bylaws made under subsection (7).
9: The contributing Councils comprise:
a: the Nelson Borough Council:
b: the Motueka Borough Council:
c:
d: the Richmond Borough Council:
e: the Waimea County Council:
f: the Golden Bay County Council:
g:
10: Section 40
11: Notwithstanding subsection (10), all bylaws made pursuant to section 40(6) Section 22(9)(c) repealed 23 September 1983 section 6(2) Local Legislation Act 1983 Section 22(9)(g) repealed 23 September 1983 section 6(2) Local Legislation Act 1983
23: Ohura Town Council: validating illegal rates
1: The actions of the former Ohura Town Council (in this section referred to as the Council
a: failing to give the notice required by section 52 of the Rating Act 1967 of its intention to make a rate (in this section referred to as the said rates said meeting
b: failing to fulfil the condition imposed by section 51(b) of the Rating Act 1967 that the said rates be a rate of a stated amount in the dollar on the rateable values of the rateable property appearing in the valuation roll for the time being in force;
c: resolving at the said meeting that the said rates be a rate of 19 cents in the dollar comprising a general rate of 12 cents in the dollar and a water rate of 7 cents in the dollar;
d: calculating the said rates on the basis of the land value of all rateable property appearing in the valuation roll then in force; and
e: issuing demands in respect of the said rate that described the said rate as being calculated on the basis of the unimproved value of all rateable property appearing in the relevant valuation roll and comprising a general rate of 9 cents in the dollar, a water rate of 8 cents in the dollar (being an amount in excess of the limit imposed by section 95(2)(a) of the Municipal Corporations Act 1954), and a street lighting and maintenance rate of 2 cents in the dollar (being an amount in excess of the limit imposed by section 101 of that Act)— are hereby validated and declared to have been lawful.
2: The said rates are hereby validated and declared to have been lawfully made.
3: All actions of the Council and the Taumarunui County Council in levying and collecting the said rates are hereby validated and declared to have been lawful.
4: All money received by the Council and the Taumarunui County Council in payment of the said rates is hereby declared to have been lawfully paid to and received by them.
5: Such part of the said rates as has not yet been paid to the Council or the Taumarunui County Council is hereby declared to be lawfully payable, and capable of being collected as if it had always been lawfully payable.
24: Waverley Town Council: validating sewerage rates
1: Notwithstanding that the rates described in subsection (2) (in this section referred to as the said rates Council
a: the said rates are hereby validated and declared to have been lawfully made:
b: all actions of the Council in levying and collecting the said rates are hereby validated and declared to have been lawful:
c: all money received by the Council in payment of the said rates is hereby declared to have been lawfully paid to and received by it:
d: such part of the said rates as has not yet been paid to the Council is hereby declared to be lawfully payable, and capable of being collected as if it had always been lawfully payable.
2: The said rates comprise:
a: the charges for sewerage services resolved to be made and levied in respect of the year that ended with 31 March 1974 on rateable property in the Town of Waverley at a duly notified ordinary meeting of the Council held on 12 June 1973, being $40 in respect of commercial premises, $20 in respect of occupied residential sections, and $10 in respect of unoccupied sections; and
b: the charges for sewerage services resolved to be made and levied in respect of the year that ended with 31 March 1975 on rateable property in the Town of Waverley at a duly notified meeting of the Council held on 18 June 1974, being $40 in respect of commercial premises, $20 in respect of occupied residential sections, and $10 in respect of unoccupied sections.