This Act may be cited as the Wellington City Empowering and Amendment Act 1938.

In this Act, if not inconsistent with the context, Council means the Wellington City Council.

(1) The Council may pay to officers, or servants, or other employees who have, with the consent of the Council, retired through infirmity, arising from old age or illness, such sums by way of retiring-allowance or compassionate allowance as the Council thinks fit.

(2) All such allowances shall be paid out of the District Fund.

(3) No such allowance shall exceed an amount which, together with the superannuation allowance (if any) payable to the recipient under the National Provident Fund Restructuring Act 1990, or otherwise, shall equal the limit of amount of superannuation allowance payable under the said Act.

(4) This section shall not apply to persons retiring on superannuation in the ordinary course merely on account of having reached the retiring-age or having completed the prescribed period of service.

(5) Section one hundred and thirteen of the Reserves and other Lands Disposal and Public Bodies Empowering Act 1919, is hereby consequentially repealed.

(1) All payments heretofore authorized or made by the Council by way of retiring-allowance, or in lieu of annual leave not taken, to employees on retirement, not being payments made under the provisions of section one hundred and thirteen of the Reserves and other Lands Disposal and Public Bodies Empowering Act 1919, are hereby validated.

(2) Any superannuation allowance paid or payable under the National Provident Fund Restructuring Act 1990, or otherwise, to any such employee is hereby declared to be and to have been due, and to run as from the day on which such person actually ceased to work for the Council.

Section seven of the Wellington City Trading Departments' Reserve and Renewal Funds Act 1917, is hereby amended by repealing subsection one thereof, and substituting therefor the following:—

The Council is hereby empowered, subject to compliance with the provisions of the Harbours Act 1923, to erect in Wellington Harbour a water fountain to be operated and lit by electricity.

The Council is hereby authorized to expend in the purchase of books, maps, illustrations, matters, and other documents relating to the early history of New Zealand the moneys in the hands of the Council under deed dated the thirty-first day of July, nineteen hundred and eleven, made between Charles John Johnston, of the City of Wellington, Merchant, of the one part, and the Mayor, Councillors, and Citizens of the City of Wellington, of the other part, relating to certain moneys held for the purpose of carrying into effect resolutions passed at a public meeting held in the City of Wellington on the fifth day of June, eighteen hundred and ninety, as set out in that deed.