Auckland Improvement Commissioners' Transfer of Powers Act 1879
Auckland Improvement Commissioners' Transfer of Powers Act 1879
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Auckland Improvement Commissioners' Transfer of Powers Act 1879
Auckland Improvement Commissioners’ Transfer of Powers Act 1879
Local Act |
1879 No 5 |
|
Date of assent |
19 December 1879 |
|
Contents
An Act to transfer the Powers of the Auckland Improvement Commissioners to the City Council of Auckland.
Preamble.
WHEREAS by “The Auckland Improvement (Albert Barrack Reserves) Act, 1872,”
the Auckland Improvement Commissioners were constituted a Board for the management of certain land in the City of Auckland, and for improving the said city as therein set forth: And whereas by “The Auckland Improvement Act, 1873,”
the said Commissioners were incorporated, and certain alterations were made in their powers and duties: And whereas by “The Auckland Improvement Amendment Act, 1875,”
further amendments were made in the said Acts: And whereas by “The Public Reserves Sale Act, 1877,”
powers were given to the said Commissioners to exchange certain lands therein described or referred to, which powers are only partly executed: And whereas it is expedient that the aforesaid Commission should be terminated, and the objects thereof should be effected and completed by the City Council of Auckland:
Be it therefore enacted by the General Assembly of New. Zealand in Parliament assembled, and by the authority of the same, as follows:—
1 Short Title.
The Short Title of this Act is “The Auckland Improvement Commissioners’ Transfer of Powers Act, 1879.”
2 Auckland Improvement Commission dissolved.
The Corporation called the Auckland Improvement Commissioners is hereby dissolved, and all lands and property heretofore vested in such Corporation, except the land specified in section six of this Act, shall henceforth be vested, on the same terms and conditions, in the Mayor, Councillors, and Citizens of the City of Auckland.
3 Powers of Commission transferred to Auckland City Council.
All the powers and authorities, duties and obligations, under or by virtue of the said Acts or any of them, or any Act consolidated therewith or with any of them, conferred or imposed upon the said Commissioners, or under or by virtue of any deed, contract, or other instrument, shall henceforth be held and exercised, performed and discharged, by the City Council of Auckland in its own name.
4 Auckland City Council shall execute all things still unperformed.
All rights, claims, engagements, both at law and in equity, and all things respectively still subsisting and unperformed heretofore authorized to be done or suffered by the Auckland Improvement Commissioners, shall be done and suffered by the City Council of Auckland, the intention of this Act being that the City Council of Auckland shall henceforth administer and execute the said Acts as the said Commissioners have been authorized heretofore to do.
5 Extension of time for purchase of lands.
The time for acquisition of the lands authorized to be compulsorily purchased is extended for a further term of seven years.
6 Certain lands vested in School Commissioners.
The several allotments of land situate in Wellesley Street East, in the City of Auckland, and numbered from eleven to twenty-two, both inclusive, on the record and published plans of the Improvement Commissioners, are hereby vested in the School Commissioners of the Auckland Provincial District in fee-simple, free from incumbrances.
7 Application of surplus money accruing by virtue of “Auckland Improvement (Albert Barrack Reserves) Act, 1872.”
All moneys received under this Act, including the surplus money by section twenty-one of “The Auckland Improvement (Albert Barrack Reserves) Act, 1872,”
directed to be applied to such educational purposes as might be from time to time provided by Act of the Provincial Legislature of Auckland, shall from time to time be applied, in the first place, in payment and discharge of liabilities imposed by this Act; in the second place, in carrying out the provisions of section thirteen of “The Auckland Improvement (Albert Barrack Reserves) Act, 1872;”
and, lastly, in works of public utility or ornament, or in furtherance of education, science, and art, in the City of Auckland, to be determined by the City Council, but shall not be in any way used in reduction or aid of rates, ordinary or special: Provided that such money may from time to time be applied in discharge of advances or obligations made or incurred in any such objects before such money had accrued.
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Auckland Improvement Commissioners' Transfer of Powers Act 1879
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