Act Repealed Latest version as at 03 April 1985 (as enacted) | 1985 No 1

Auckland Regional Authority (Mount Smart) Expenditure Act 1985

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Contents

Short Title

Interpretation

Assessments of Authority

Validation of expenditure and assessments

Repeals

Schedule

Auckland Regional Authority (Mount Smart) Expenditure Act 1985

Local Act		1985 No 1
Date of assent		3 April 1985

	Title
1	Short Title
2	Interpretation
3	Assessments of Authority
4	Validation of expenditure and assessments
5	Repeals
	Schedule

An Act to make special provision relating to certain expenditure of the Auckland Regional Authority in connection with the Mount Smart (Rarotonga) Domain Recreation Reserve

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 Auckland Regional Authority (Mount Smart) Expenditure Act 1985.

2 Interpretation

In this Act, unless the context otherwise requires,—

“Authority” means the Auckland Regional Authority constituted under the Auckland Regional Authority Act 1963:

“Reserve” means the Mount Smart (Rarotonga) Domain Recreation Reserve described in the Schedule to this Act.

3 Assessments of Authority

(1)

This section applies—

(a)

In respect of the financial year commencing on the 1st day of April 1984, to the sum of $6,400,000 included by the Authority in its assessments for that year in respect of capital expenditure and other charges relating to the stage of a development of the reserve known as Stage 1a:

(b)

In respect of the financial year commencing on the 1st day of April 1985, to such sum not exceeding $2,600,000 as may be included by the Authority in its assessments for that year in respect of the capital expenditure and other charges referred to in paragraph (a) of this subsection.

(2)

Notwithstanding anything in any enactment, it shall be lawful, and shall be deemed always to have been lawful, for any local authority liable to contribute to any sum to which this section applies, and the Authority, to agree that that local authority may pay such contribution by periodic payments (which, unless the Authority otherwise agrees, shall be equal payments), over 1, 2, or 3 years; and in any such case the local authority shall pay to the Authority interest on the outstanding amount of the contribution at the rate payable under section 65(1) of the Auckland Regional Authority Act 1963.

(3)

Each periodic payment of every contribution to which an agreement under subsection (2) of this section relates shall be treated in all respects (except for the calculation of interest under subsection (2) of this section) as if it were part of an assessment made by the Authority on the local authority for the financial year in which, under that agreement, it is payable, and shall be due and recoverable accordingly.

(4)

Nothing in this section, or in any agreement entered into pursuant to this section, shall prevent a local authority from paying the outstanding portion of any contribution referred to in subsection (2) of this section, or any part of it, at any time before due date; and in any such case interest on the amount so paid shall cease to accrue as from the date of payment.

4 Validation of expenditure and assessments

For the avoidance of doubt, the actions of the Authority in—

(a)

Incurring, before the commencement of this Act, liabilities in respect of the capital expenditure and other charges referred to in section 3(1) of this Act; and

(b)

Meeting, before, on, or after the commencement of this Act, such liabilities; and

(c)

Deferring provision of the sum referred to in section 3(1)(b) of this Act until the financial year beginning on the 1st day of April 1985—

are hereby validated and declared to be lawful.

5 Repeals

The following enactments are hereby repealed:

(a)

Section 27 of the Reserves and Other Lands Disposal Act 1937:

(b)

Section 6 of the Reserves and Other Lands Disposal Act 1943:

(c)

Section 21 of the Reserves and Other Lands Disposal Act 1950.

Schedule

Section 2

All that piece of land containing 22.3260 hectares, more or less, being Allotment 59, Section 17, Suburbs of Auckland situated in Block I, Otahuhu Survey District (S.O. Plan 57628), together with such other pieces of land as may at any time be incorporated into the reserve.

Auckland Regional Authority (Mount Smart) Expenditure Act 1985