Rural Banking and Finance Corporation Amendment Act 1982
Rural Banking and Finance Corporation Amendment Act 1982
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Rural Banking and Finance Corporation Amendment Act 1982
Rural Banking and Finance Corporation Amendment Act 1982
Public Act |
1982 No 28 |
|
Date of assent |
21 October 1982 |
|
Contents
An Act to dissolve the Marginal Lands Board and to vest in the Rural Banking and Finance Corporation of New Zealand security instruments, and all rights, privileges, and powers relating to those instruments, formerly vested in the Crown under the Marginal Lands Act 1950
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 Rural Banking and Finance Corporation Amendment Act 1982, and shall be read together with and deemed part of the Rural Banking and Finance Corporation Act 1974 (hereinafter referred to as the principal Act).
2 Interpretation
In this Act, unless the context otherwise requires,—
“The Act” means the Marginal Lands Act 1950:
“Board” means the Marginal Lands Board established under the Act:
“Relevant loan” means an advance or readvance of money under section 12 of the Act that had not been fully repaid, both as to principal and as to interest, before the commencement of this Act; and includes an advance or readvance of money under section 12 of the Act that had been fully repaid, both as to principal and as to interest, before that commencement, if—
(a)
Any payment made to or on behalf of the borrower pursuant to a security instrument securing the payment of that advance or readvance had not been fully repaid, both as to principal and as to interest, before that commencement; or
(b)
Any security instrument securing the payment of that advance or readvance has not been discharged.
“Relevant security” means a security instrument securing the payment of a relevant loan.
3 Dissolution of Marginal Lands Board
(1)
The Board is hereby dissolved.
(2)
Every Marginal Lands Committee and Marginal Lands Panel established under the Act is hereby dissolved.
(3)
The position of Marginal Lands Director is hereby abolished.
(4)
Every appointment under section 11 of the Act is hereby revoked.
(5)
The enactments specified in the Schedule to this Act are hereby repealed.
4 Transfer of loans repayable to Board
(1)
All the property, estates, interests, rights, privileges, and powers of the Board (whether in its own behalf or on behalf of the Crown) in and in respect of every relevant loan, and in respect of all property, of whatsoever nature, against or over which any relevant security is secured or registered, and under any agreement under section 17 of the Act, are hereby vested, without conveyance, transfer, or assignment, in the Corporation, subject in each case to all liabilities, charges, obligations, trusts, covenants, and conditions affecting that loan, security, or agreement.
(2)
Every Registrar of Deeds, Registrar of the High Court, and District Registrar of Companies shall, without payment of any fee, do all such things, and make all such entries in his registers, as are necessary to give full effect to the vesting in the Corporation of the property, estates, interests, rights, privileges, and powers so vested by subsection (1) of this section.
(3)
Every District Land Registrar shall, without payment of any fee, in respect of land details of the persons having registered estates and interests in which are contained in his registers, register the Corporation as the proprietor of every estate and interest in land of which Her Majesty the Queen is registered as proprietor pursuant to a relevant security, and otherwise do all such things and make all such entries in his registers as are necessary to give full effect to the vesting in the Corporation of the property, estates, interests, rights, privileges, and powers so vested by subsection (1) of this section.
(4)
Notwithstanding subsection (2) and subsection (3) of this section or any provision in any Act to the contrary, no person making an entry in a register pursuant to either subsection shall be required to make that entry upon any duplicate original, duplicate, or outstanding copy of any document.
5 Duty of confidentiality preserved
Every former member of the Board or of any Marginal Lands Committee, and every other person at any time engaged or employed in connection with the work of the Board or of any such committee, shall maintain and aid in maintaining the confidential nature of all matters relating to any application under the Act that came to his knowledge; and shall not communicate any such matters to any person except as may be permitted by the Corporation or for the purposes of carrying the principal Act into effect.
Compare: 1950, No. 76, s. 7
6 Savings
(1)
Notwithstanding section 5 of this Act, every application lawfully made under section 13 of the Act and not finally disposed of before the commencement of this Act may be dealt with as if—
(a)
The Act were still in force; and
(b)
The Corporation had all the rights, powers, functions, and duties of the Board, any relevant Marginal Lands Committee and Marginal Lands Panel, and, for the purposes only of the Act, any relevant Commissioner of Crown Lands and the Director-General of Lands.
(2)
Subject to subsection (3) of this section, the owner of any property that is subject to a relevant security shall not, without the written consent of the Corporation, transfer, lease, sublease, mortgage (otherwise than to the Crown or a department of State), or otherwise dispose of, any interest in that property.
(3)
For the purposes of subsection (2) of this section a variation of mortgage shall be deemed to be a mortgage, unless the variation is for the benefit of the mortgagor by extending the term of the mortgage or reducing the principal or rate of interest or otherwise howsoever.
(4)
Every agreement under section 17 of the Act that was in force immediately before the commencement of this Act shall continue in force according to its tenor.
(5)
Notwithstanding section 5 of this Act, the Director-General shall give to the Corporation all relevant documents requested by the Corporation relating to—
(a)
Any application of any kind (whether successful or unsuccessful) at any time made to the Board; or
(b)
Any advance or readvance at any time made under the Act.
(6)
The Corporation, and any of its servants, shall, at all reasonable times, have free rights of ingress, egress, and regress in respect of any land that is for the time being subject to any relevant security.
(7)
As soon as is practicable after the commencement of this Act, the Director-General of Lands shall prepare and lay before Parliament a report on the operation of the Board under the Act since the end of the year to which the last report so laid under section 25 of the Act related.
Compare: 1950, No. 76, ss. 15(3), 19
Schedule Enactments Repealed
Section 3(5)
1948, No. 64—The Land Act 1948. (Reprinted 1972, Vol. 2, p. 1557): Section 15a.
1950, No. 76—The Marginal Lands Act 1950. (1957 Reprint, Vol. 9, p. 279.)
1950, No. 103—The Finance Act (No. 2) 1955. (Reprinted R.S. Vol. 2, p. 513): Section 5.
1951, No. 79—The Fees and Travelling Allowances Act 1951. (R.S.
Vol. 6, p. 403): So much of the First Schedule as relates to the Marginal Lands Board and so much of the Second Schedule as relates to the Marginal Lands Act 1950.
1955, No.—37—The Maori Trust Boards Act 1955. (1957 Reprint, Vol. 9, p. 175): Section 26(5).
1958, No. 78—The Marginal Lands Amendment Act 1958.
1962, No. 83—The Marginal Lands Amendment Act 1962.
1963, No. 93—The Land Amendment Act 1963. (Reprinted 1972, Vol. 2, p. 1739): Section 2.
1965, No. 96—The Marginal Lands Amendment Act 1965.
1969, No. 93—The Marginal Lands Amendment Act 1969.
1970, No. 83—The Marginal Lands Amendment Act 1970.
1977, No. 162—The Marginal Lands Amendment Act 1977.
This Act is administered in the Rural Banking and Finance Corporation of New Zealand.
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Versions
Rural Banking and Finance Corporation Amendment Act 1982
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