Palmerston North Showgrounds Act Repeal Act 2009
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Palmerston North Showgrounds Act Repeal Act 2009
| Private Act | 2009 No 2 |
| Date of assent | 23 November 2009 |
| Commencement | see section 2 |
Contents
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Preamble
(1) Pursuant to a deed of agreement between the Manawatu and West Coast Agricultural and Pastoral Association (Incorporated) (the Society) and the Palmerston North City Council (the Council), which was subject to the authority of the Palmerston North Showgrounds Act 1974,—
(a) the land comprising the Palmerston North Showgrounds was taken by proclamation and vested in the Council for the purpose of recreation; and
(b) the Society was allowed the continuing use of that land as showgrounds for a number of days in each year:
(2) The land is held by the Council and is subject to the provisions of the Reserves Act 1977 as a recreation reserve:
(3) The Palmerston North Showgrounds Board of Control (the Board) manages and controls the land and owns certain assets:
(4) The Society no longer requires the use of the land and the Board seeks to be dissolved and to transfer its rights, assets, and liabilities to the Council:
(5) Legislation is the only means by which—
(a) the Board can transfer its rights, assets, and liabilities to the Council; and
(b) the Board can be dissolved; and
(c) the Palmerston North Showgrounds Act 1974 can be repealed:
The Parliament of New Zealand therefore enacts as follows:
1 Title
This Act is the Palmerston North Showgrounds Act Repeal Act 2009.
2 Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
Part 1
Preliminary provisions
3 Purpose
The purpose of this Act is to—
(a) dissolve the Board; and
(b) transfer the property, rights, and liabilities of the Board to the Council; and
(c) repeal the Palmerston North Showgrounds Act 1974.
4 Interpretation
In this Act, unless the context otherwise provides,—
Board means the Palmerston North Showgrounds Board of Control
Council means the Palmerston North City Council
deed of agreement has the same meaning as in the Palmerston North Showgrounds Act 1974
land comprising the Palmerston North Showgrounds has the same meaning as in the Palmerston North Showgrounds Act 1974
property—
(a) means every type of property; and
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(b) includes—
(i) every type of estate or interest in property; and
(ii) money
Society means the Manawatu and West Coast Agricultural and Pastoral Association (Incorporated).
Part 2
Dissolution of Board
5 Dissolution of Board and transfer of property, rights, and liabilities
On and from the commencement of this Act,—
(a) the Board is dissolved; and
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(b) the following are cancelled:
(i) the deed of agreement; and
(ii) any liability or obligation under the deed owed by the Council to the Society or the Board; and
(c) the property belonging to the Board vests in the Council; and
(d) money payable to or by the Board becomes payable to or by the Council; and
(e) the liabilities, contracts, engagements, rights, and authorities of the Board become the liabilities, contracts, engagements, rights, and authorities of the Council; and
(f) proceedings by or against the Board may be continued, completed, or enforced by or against the Council.
6 Certain matters not affected by transfer to Council
Nothing done or authorised by this Act—
(a) is to be regarded as placing the Board, the Council, or other person in breach of contract or confidence, or as otherwise making any of them guilty of a civil wrong; or
(b) is to be regarded as giving rise to a right for any person to terminate or cancel any contract or arrangement or to accelerate the performance of any obligation; or
(c) is to be regarded as placing the Board, the Council, or other person in breach of an enactment or rule of law or contractual provision prohibiting, restricting, or regulating the assignment or transfer of property or the disclosure of information; or
(d) releases a surety wholly or in part from an obligation; or
(e) invalidates or discharges a contract.
7 Transfer not gift, supply of services, or disposition for certain purposes
To avoid doubt, anything transferred to the Council by section 5 is not—
(a) a dutiable gift for the purposes of the Estate and Gift Duties Act 1968:
(b) a supply of goods and services for the purposes of the Goods and Services Tax Act 1985:
(c) a sale, disposition, distribution, or transfer of property or liability for the purposes of the Income Tax Act 2007.
8 Palmerston North Showgrounds Act 1974 repealed
The Palmerston North Showgrounds Act 1974 (1974 No 3 (P)) is repealed.
Legislative history | |
|---|---|
| 29 May 2008 | Introduction (Bill 219–1) |
| 2 July 2008 | First reading and referral to Local Government and Environment Committee |
| 21 August 2009 | Reported from Local Government and Environment Committee |
| 23 September 2009 | Second reading |
| 18 November 2009 | Third reading |
| 23 November 2009 | Royal assent |
Versions
Palmerston North Showgrounds Act Repeal Act 2009
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