Municipal Corporations Amendment Act 1961
Municipal Corporations Amendment Act 1961
Municipal Corporations Amendment Act 1961
Municipal Corporations Amendment Act 1961
Public Act |
1961 No 60 |
|
Date of assent |
18 November 1961 |
|
Contents
An Act to amend the Municipal Corporations Act 1954
BE IT ENACTED by the General Assembly of New Zealand in Parliament assembled, and by the authority of the same, as follows:
1 Short Title
This Act may be cited as the Municipal Corporations Amendment Act 1961, and shall be read together with and deemed part of the Municipal Corporations Act 19541 (hereinafter referred to as the principal Act).
2 Notice of petition to constitute borough or town district or to alter boundaries
(1)
Section 7 of the principal Act is hereby amended by inserting, after subsection (1), the following subsection:
“(1A)
Not less than thirty days before a petition is presented to the Governor-General under subsection (1) of this section, not being a petition by a Town Council to which the proviso to paragraph (a) of that subsection applies, a copy of the prayer of the petition and a notice in writing of the intention to present the petition signed by the person intending to present the petition shall be served on every local authority in whose district any part of the area proposed to be constituted a borough is situated.”
(2)
Section 11 of the principal Act is hereby amended by adding, as subsection (2), the following subsection:
“(2)
Not less than thirty days before a petition is presented to the Governor-General under this section, a copy of the prayer of the petition and a notice in writing of the intention to present the petition signed by the person intending to present the petition shall be served on every local authority in whose district any part of the area proposed to be constituted a town district is situated.”
(3)
Section 12 of the principal Act is hereby amended by adding, as subsection (2), the following subsection:
“(2)
Not less than thirty days before a petition is presented to the Governor-General under subsection (1) of this section, a copy of the prayer of the petition and a notice in writing of the intention to present the petition signed by the person intending to present the petition shall be served on every local authority whose boundaries are proposed to be altered.”
3 Vesting of easements on constitution of new district or alteration of boundaries
The principal Act is hereby further amended by inserting in Part I, after section 28, the following heading and section:
“Vesting of Easements on Constitution of New District or Alteration of Boundaries
“28A.
“(1)
Where, whether before or after the commencement of this section,—
“(a)
A new district has been constituted comprising or including part only of a district then existing; or
“(b)
The boundaries of any district have been altered by the inclusion therein or the exclusion therefrom of any area,—
the local authority in whose district that part or area was formerly included may execute under the seal of the Corporation a certificate that all easements in gross over any land in that part or area that, immediately before the constitution of the new district or alteration of boundaries, were vested, and at the date of the execution of the certificate remained vested, in that Corporation, with such exceptions (if any) as are specified in the certificate, shall vest in the Corporation of the new district or, as the case may be, of the district in which the area was included, and on the execution of that certificate those easements shall vest accordingly.
“(2)
On the application under the seal of the Corporation by the local authority of the district in the Corporation of which any easement has vested pursuant to the provisions of subsection (1) of this section, and on the production for inspection of the certificate referred to in that subsection, the District Land Registrar, on being satisfied that the easement has not been excepted from the vesting, shall enter particulars of the vesting in the register.
“(3)
In this section the term ‘district’ includes a county and a road district.”
4 Minimum water rates
Section 95 of the principal Act (as substituted by section 8 of the Municipal Corporations Amendment Act 1959) is hereby amended by omitting from the proviso to paragraph (a) of subsection (2) the words “one pound”
whenever they occur, and substituting in each case the words “three pounds”
.
5 Uniform annual charge for water
(1)
Section 95 of the principal Act (as substituted as aforesaid) is hereby further amended by repealing subsection (3), and substituting the following subsection:
“(3)
Instead of levying a rate under subsection (2) of this section, the Council may, by special order,—
“(a)
Decide to make and thereafter may make charges in respect of the ordinary supply of water, according to the quantity of water consumed by any person receiving the same as measured by meter, of such amount as may from time to time be fixed by resolution in that behalf publicly notified, or as may be agreed on with any such person; or
“(b)
Decide to make and thereafter may make a uniform annual charge in respect of the ordinary supply of water of such amount as may from time to time be fixed by resolution in that behalf publicly notified:
“Provided that the uniform annual charge payable in respect of lands and dwellinghouses to which water can be but is not supplied, situate within one hundred yards from any part of the waterworks, shall not exceed half the charge payable in respect of lands and dwellinghouses to which water is supplied.”
(2)
Section 98 of the principal Act is hereby amended—
(a)
By inserting in subsection (1), after the words “water rates”
, the words “and uniform annual charges”
:
(b)
By inserting in subsection (2), after the words “water rate”
, the words “or uniform annual charge”
:
(c)
By inserting in subsection (2), after the words “part only of the rate”
, the words “or charge”
.
6 Uniform annual charge for drainage
(1)
Section 103 of the principal Act (as substituted by section 9 of the Municipal Corporations Amendment Act 1959) is hereby amended by inserting, after subsection (1), the following subsections:
“(1A)
Instead of making and levying any such rate, the Council may make a uniform annual charge for drainage:
“Provided that any such annual charge may be a uniform annual charge for each water closet or urinal served, either directly or through a private drain, by a public drain.
“(1B)
Every such annual charge shall for all purposes be deemed to be a separate rate.”
(2)
Section 103 of the principal Act (as substituted as aforesaid) is hereby further amended by inserting in subsection (2), after the words “the rate”
, the words “or annual charge”
.
7 Sale or exchange of endowment land
(1)
Section 150 of the principal Act is hereby amended by adding the following subsection:
“(4)
Notwithstanding anything in subsection (3) of this section, the Council, with the consent of the Minister and subject to such terms and conditions as the Minister thinks fit, may sell or exchange any land vested in the Corporation as an endowment for the general purposes of the district and not subject to any express prohibition or restriction as to sale or exchange. Nothing in subsection (2) of this section shall apply with respect to the proceeds of any such sale or to any land received on any such exchange.”
(2)
Section 150 of the principal Act is hereby further amended by repealing the proviso to paragraph (d) of subsection (3) (as added by section 14 of the Municipal Corporations Amendment Act 1959).
(3)
Section 14 of the Municipal Corporations Amendment Act 1959 is hereby repealed.
8 Bond for payment of money in lieu of reserves
Section 351C of the principal Act (as enacted by subsection (1) of section 28 of the Municipal Corporations Amendment Act 1959) is hereby amended by adding the following subsection:
“(4)
Every bond under subsection (1) of this section shall be deemed to create an interest in land for the purposes of section 137 of the Land Transfer Act 1952, and shall be deemed to be a covenant running with the land and shall bind subsequent owners accordingly.”
9 Council may approve plan of subdivision subject to creation of reserve for service lane
(1)
The principal Act is hereby further amended by inserting, after section 351C (as enacted as aforesaid), the following section:
“351CC
Where the Council is of the opinion that any land of the subdividing owner comprising part of or adjoining the land being subdivided may be utilised or required in the future for a service lane, the Council may, as a condition of its approval of the plan,—
“(a)
Require the owner to set aside the first-mentioned land as a reserve for the purposes of a service lane; and
“(b)
Require the owner to pay, or enter into a binding contract to pay, to the Council in respect of the cost of the formation of that reserve as a service lane such amount as the Council specifies, not exceeding the estimated cost thereof.”
(2)
Section 351A of the principal Act (as enacted by subsection (1) of section 28 of the Municipal Corporations Amendment Act 1959) is hereby amended by adding to paragraph (c) of subsection (1) the following subparagraph:
“(iii)
The owner make provision for future service lanes in accordance with section 351CC of this Act; or”.
(3)
Section 351H of the principal Act (as enacted by subsection (1) of section 28 of the Municipal Corporations Amendment Act 1959) is hereby amended by inserting, after the words “section three hundred and fifty-one C”
, the words “or section three hundred and fifty-one CC”
.
10 Council may revoke conditions as to easements
Section 351E of the principal Act (as enacted by subsection (1) of section 28 of the Municipal Corporations Amendment Act 1959) is hereby amended by adding, as subsections (2) and (3), the following subsections:
“(2)
Where the Council approves a plan of subdivision conditionally on any specified easements shown on the plan being duly granted or reserved, the Council may at any time, whether before or after the plan has been deposited in the Land Registry Office or the Deeds Register Office, revoke any such condition in whole or in part.
“(3)
Where the Council revokes any such condition in whole or in part, then—
“(a)
In any case where the plan of subdivision has not been deposited, a memorandum of the revocation shall be endorsed on the plan:
“(b)
In any case where the plan of subdivision has been deposited, the Council shall forward an authenticated copy of the resolution of the Council revoking that condition to the District Land Registrar or Registrar of Deeds, as the case may require, who shall endorse a memorandum thereof on the deposited plan.”
11 Council may acquire shares in company erecting commercial building for occupation by shareholders
(1)
The principal Act is hereby further amended by inserting after section 360, the following heading and section:
“Shares in Company Erecting Commercial Building for Occupation by Shareholders
“360A
“(1)
The Council may from time to time, on behalf of the Corporation of the district, acquire, hold, and dispose of shares and other rights in any company formed with the object of erecting on land of the company one or more commercial buildings for occupation by its shareholders.
“(2)
For the purpose of paying for any such shares or rights or any calls on any such shares, the Council may borrow money by way of special loan under the Local Authorities Loans Act 1956.”
(2)
Section 128 of the principal Act is hereby amended by adding to the proviso the words “or in the acquisition of shares and other rights in a company formed with the object of erecting one or more commercial buildings for occupation by its shareholders pursuant to the provisions of section 360A of this Act”
.
12 Council may contract with owner to subdivide and develop land for housing
Section 369 of the principal Act is hereby amended by inserting, after subsection (1), the following subsection:
“(1A)
It shall be lawful for the Council, by agreement with and at the expense of the owner of any land in the district, to execute on or in connection with the land any works in respect of the subdivision and development of the land for housing purposes and the provision of services for such purposes. Money payable to the Council under any such agreement shall be a charge on the land.”
This Act is administered in the Department of Internal Affairs.
1 *1957 Reprint, Vol. 10, p. 377
Amendments: 1958, No. 81; 1959, No. 91; 1960, No. 73