Act Repealed Latest version as at 11 October 1949 (as enacted) | 1949 No 5

Lyttelton Harbour Board Loan Act 1949

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Part I of Local Bodies’ Loans Act to apply.

Refund to Harbour Fund.

Further security for loan.

Schedule

Lyttelton Harbour Board Loan Act 1949

Local Act		1949 No 5
Date of assent		11 October 1949

	Title
	Preamble.
1	Short Title
2	Interpretation.
3	Special Act.
4	Power to borrow.
5	Part I of Local Bodies’ Loans Act to apply.
6	Refund to Harbour Fund.
7	Further security for loan.
	Schedule

An Act to Authorize the Lyttelton Harbour Board to Borrow Moneys for the Acquisition of Certain Lands and the Erection Thereon of a Waterfront Industry Building.

Preamble.

WHEREAS in pursuance of section one hundred and thirty-four of the Harbours Act, 1923, the Lyttelton Harbour Board (hereinafter referred to as the Board) is in process of acquiring by purchase or otherwise or by taking under the provisions of the Public Works Act, 1928, certain lands described in the Schedule hereto for the purpose of erecting thereon a Waterfront Industry Building in pursuance of section one hundred and sixty-seven of the Harbours Act, 1923, to provide for the comfort, convenience, and economy of waterside workers at Lyttelton:

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

This Act may be cited as the Lyttelton Harbour Board Loan Act, 1949.

2 Interpretation.

In this Act, if not inconsistent with the context, “Board” means the Lyttelton Harbour Board.

3 Special Act.

This Act shall be deemed to be a special Act within the meaning of the Harbours Act, 1923.

4 Power to borrow.

It shall be lawful for the Board from time to time as it may require to borrow in addition to the sums authorized by any previous Acts, subject to the pro visions of the Harbours Act, 1923, and of this Act and of the Local Government Loans Board Act, 1926, any sum or sums of money not exceeding in the whole the sum of eighty thousand pounds, and to apply the moneys so borrowed in and about the acquisition of the lands described in the Schedule to this Act and the erection thereon of a Waterfront Industry Building as aforesaid.

5 Part I of Local Bodies’ Loans Act to apply.

The Board may from time to time borrow such sum or sums of money hereby authorized as a special loan raised in accordance with the provisions of Part I of the Local Bodies’ Loans Act, 1926, where not inconsistent with this Act, without being required to take the steps set out in sections nine to thirteen of that Act; and, subject as aforesaid, the provisions of that Act shall apply as if the Board were a local authority and the acquisition of the said lands and the erection of the said Waterfront Industry Building were public works within the meaning of that Act.

6 Refund to Harbour Fund.

The Board is hereby authorized and empowered to refund to its Harbour Fund out of the said sum or sums of money so borrowed all moneys expended by the Board before the passing of this Act in or toward the acquisition of the said lands described in the Schedule hereto and the preparation of plans and specifications for the said Waterfront Industry Building and other expenditure connected therewith.

7 Further security for loan.

(1)

Notwithstanding anything contained in section fifty-seven of the Harbours Act, 1923, in addition to all dues, rates, profits, fines, levies, and other moneys which may be claimed, demanded, and collected by the Board for payment to the Harbour Fund, the Board may, without further authority than this Act, levy and pledge as further security for the moneys authorized by this Act to be borrowed, a harbour-improvement rate not exceeding threepence a ton by weight or by measurement upon all or any goods discharged at or shipped from the Port of Lyttelton.

(2)

Such rate shall not be in addition to, and shall be deemed part of, any harbour-improvement rates levied by the Board in pursuance of section eighty-one of the Harbours Act, 1923:

Provided that, notwithstanding anything contained in the said Act, it shall not be necessary for the said rate to be made by by-law.

Schedule

All those parcels of land situated in the Borough of Lyttelton containing together two roods and six-tenths perches, more or less, being Town Sections 6 and 7, Town of Lyttelton, parts of which are more particularly described as Lots 1 and 2, D.P. 14434, and being the whole of the land comprised in certificates of title, Volume 29, folio 260; Volume 450, folio 288; and Volume 518, folio 120 (Canterbury Registry), and the balance of the land comprised in Deed Index Volume B, folio 7 (Canterbury Deeds Registry) as the said parcels of land are more particularly delineated on a plan marked M.D. 8925, deposited in the office of the Marine Department, at Wellington, and thereon coloured green, blue, and yellow.

Lyttelton Harbour Board Loan Act 1949