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DLM430417 | 1974 | Maori Purposes Act 1974 | 1: Short Title
This Act may be cited as the Maori Purposes Act 1974.
1: Amendments to Maori Affairs Act 1953
Part 1 repealed 1 July 1993 section 362(2) Te Ture Whenua Maori Act 1993
2: This Part to form part of the Maori Affairs Act 1953
Section 2 repealed 1 July 1993 section 362(2) Te Ture Whenua Maori Act 1993
3: Amendment of names of land owners in court records
Section 3 repealed 1 July 1993 section 362(2) Te Ture Whenua Maori Act 1993
4: Advances for farming purposes on land owned and occupied by another person
Section 4 repealed 14 December 1979 section 11(2)(c) Maori Purposes Act 1979
5: Tax on income derived by Maori authorities for more than 20 beneficiaries
Section 5 repealed 1 April 1977 Income Tax Act 1976
2: Amendments to Maori Welfare Act 1962
6: This Part to form part of the Maori Welfare Act 1962
This Part shall be read together with and deemed part of the Maori Welfare Act 1962 principal Act
7: Definition of Maori
Amendment(s) incorporated in the Act(s)
8: Welfare officers to be known as Community Officers
(1), (2): Amendment(s) incorporated in the Act(s)
3: Every person who, at the commencement of this Act, is holding office as a Welfare Officer under section 4 State Services Act 1962
4: Every person who, at the commencement of this Act, is holding office as an honorary Welfare Officer under section 5
3: Miscellaneous amendments
9: Extension of hall site for Ngati Poneke Maori Association
Section 9 repealed 5 August 2009 section 82(c) Port Nicholson Block (Taranaki Whānui ki Te Upoko o Te Ika) Claims Settlement Act 2009
10: Leases of dwellings under the Maori Housing Amendment Act 1938
Amendment(s) incorporated in the Act(s)
11: Right of way around Lake Taupo and on banks of rivers or streams flowing into lake
Amendment(s) incorporated in the Act(s)
12: Amendments to Public Works Act 1928
Section 12 repealed 1 February 1982 section 248(1) Public Works Act 1981
13: Service of notices under section 70A of the Petroleum Act 1937
1: Amendment(s) incorporated in the regulations
2: Subsection (1) shall come into force on 1 January 1975. |
DLM411825 | 1974 | Education Amendment Act 1974 | 1: Short Title
This Act may be cited as the Education Amendment Act 1974, and shall be read together with and deemed part of the Education Act 1964
2: Fees payable to associations of students
1: This subsection inserted section 69A
2: Notwithstanding anything in subsection (1) of this section, and notwithstanding that bylaws may not have been made for the purposes of collecting fees payable to any association or organisation of students at a technical institute, any fees heretofore collected on behalf of the association or organisation of students by the Board or other governing body of the institute shall be deemed to have been validly collected on behalf of the association or organisation of students. |
DLM414821 | 1974 | Home Ownership Savings Act 1974 | 1: Short Title and application
1: This Act may be cited as the Home Ownership Savings Act 1974.
2: This Act shall apply with respect to all Home Ownership Accounts with an authorised savings institution, whether opened before or after the commencement of this Act.
2: Interpretation
1: In this Act, unless the context otherwise requires,— authorised savings institution
a: Post Office Bank Limited:
b: a trustee bank established under the Trustee Banks Act 1983
c: a building society which is an approved society under section 56D section 113O
d: benefits Commissioner State Sector Act 1988 Corporation Housing New Zealand Corporation depositor dwelling , or by the depositor and any person who is intended by the depositor to reside with the depositor in the dwelling Home Ownership Account home ownership requirements section 14K housing purposes interest subsidy section 7 Minister Ordinary Home Ownership Account purchase grant section 6 and includes any additional purchase grant payable under section 7A qualifying date
a: where the account was opened before 1 January 1982—
i: if on 31 December 1981 there was a qualifying date in respect of the account, that qualifying date:
ii: if on 31 December 1981 there was not a qualifying date in respect of the account, 1 January 1982:
b: where the account is opened on or after 1 January 1982, the date on which the account is opened qualifying year Special Home Ownership Account terminating date or to any Home Ownership Account
a: the date of payment of a purchase grant to the depositor:
b: the fifth anniversary of the qualifying date of the Home Ownership Account of the depositor,— whichever is the earlier withdrawal certificate section 14F
2: In subsection (3) any other person
a: the spouse of the depositor; or
b: any other depositor; or
c: any person who is intended by the depositor to reside with the depositor.
3: For the purposes of this Act, a dwelling may be acquired by a depositor—
a: by the purchase or acquisition by the depositor, or jointly or in common by the depositor and any other person, of an estate in fee simple or an estate of leasehold in a dwelling; or
b: by the erection of a dwelling on land which is held, or to be held, by the depositor, or jointly or in common by the depositor and any other person, for an estate in fee simple or an estate of leasehold; or
c: in the case of a unit or flat, by the acquisition by the depositor, or jointly or in common by the depositor and any other person, of shares in a limited liability company or of an undivided share or undivided interest in the land on which the dwelling is situated, or in any other way. Section 2(1) authorised savings institution replaced 1 April 1987 State-Owned Enterprises Amendment Act 1987 Section 2(1) authorised savings institution amended 1 April 1984 Trustee Banks Act 1983 Section 2(1) authorised savings institution replaced 1 September 1987 section 41(3) Building Societies Amendment Act 1987 Section 2(1) authorised savings institution repealed 22 May 1998 section 22(1) Private Savings Banks (Transfer of Undertakings) Act 1992 Section 2(1) Commissioner inserted 25 November 1976 Home Ownership Savings Amendment Act 1976 Section 2(1) Commissioner amended 1 April 1988 section 90(a) State Sector Act 1988 Section 2(1) Corporation amended 1 July 2001 section 24(1) Housing Corporation Amendment Act 2001 Section 2(1) dwelling amended 1 January 1982 Home Ownership Savings Amendment Act 1981 Section 2(1) Farm Ownership Account repealed 25 November 1976 Home Ownership Savings Amendment Act 1976 Section 2(1) Home Ownership Account replaced 25 November 1976 Home Ownership Savings Amendment Act 1976 Section 2(1) home ownership requirements inserted 25 November 1976 Home Ownership Savings Amendment Act 1976 Section 2(1) housing purposes inserted 25 November 1976 Home Ownership Savings Amendment Act 1976 Section 2(1) housing purposes amended 1 January 1982 Home Ownership Savings Amendment Act 1981 Section 2(1) Ordinary Farm Ownership Account repealed 3 June 2017 section 4(2) Statutes Repeal Act 2017 Section 2(1) Ordinary Fishing Vessel Ownership Account repealed 3 June 2017 section 4(2) Statutes Repeal Act 2017 Section 2(1) Ordinary Home Ownership Account inserted 25 November 1976 Home Ownership Savings Amendment Act 1976 Section 2(1) purchase grant amended 25 November 1976 Home Ownership Savings Amendment Act 1976 Section 2(1) qualifying date replaced 1 January 1982 Home Ownership Savings Amendment Act 1981 Section 2(1) Special Farm Ownership Account repealed 3 June 2017 section 4(2) Statutes Repeal Act 2017 Section 2(1) Special Fishing Vessel Ownership Account repealed 3 June 2017 section 4(2) Statutes Repeal Act 2017 Section 2(1) Special Home Ownership Account inserted 25 November 1976 Home Ownership Savings Amendment Act 1976 Section 2(1) terminating date amended 1 January 1982 Home Ownership Savings Amendment Act 1981 Section 2(1) withdrawal certificate inserted 25 November 1976 Home Ownership Savings Amendment Act 1976 Section 2(2) replaced 1 January 1982 Home Ownership Savings Amendment Act 1981 Section 2(3) inserted 1 January 1982 Home Ownership Savings Amendment Act 1981
2A: Cessation of opening of new Home Ownership Accounts
Notwithstanding any other provision in this Act, no person shall open a Home Ownership Account on or after 1 August 1986. Section 2A inserted 1 August 1986 Home Ownership Savings Amendment Act 1986
1: Ordinary Home Ownership Accounts
Part 1 heading inserted 25 November 1976 Home Ownership Savings Amendment Act 1976
3: Eligible savings
1: Subject to subsection (2)
2: Notwithstanding anything in subsection (1)
a: the eligible savings in relation to any Ordinary Home Ownership Account shall not exceed the total amount of $10,250 or such greater amount as may be specified from time to time by the Governor-General by Order in Council:
b: subject to subsections (4) and (5)
c: where any sum or sums of money amounting in all to a sum in excess of $3,000 is or are, in any qualifying year applicable to any Ordinary Home Ownership Account, deposited in or credited to that account then, for the purposes of this Act, the whole of the excess shall be deemed to have been deposited in the account immediately upon the commencement of the next qualifying year (if any) applicable to the account.
3: Where any amount is withdrawn from the Ordinary Home Ownership Account of any depositor at any date—
a: where that date is during any qualifying year, the amount of the eligible savings in the account at that date and at all earlier dates shall be reduced by the amount of the withdrawal; and
b: where that date is after the end of the qualifying year ending with the fifth anniversary of the qualifying date, the amount of the eligible savings in the account at that date shall be reduced by the amount of the withdrawal,— so far as the amount of the eligible savings extends: provided that the amount of the eligible savings shall not be reduced to the extent that, before the amount of the withdrawal is taken into consideration, the balance of the account at that date exceeds the amount of the eligible savings at that date.
4: Where a depositor withdraws the whole or any part of the money standing to the depositor's credit in the depositor's Ordinary Home Ownership Account for the acquisition by the depositor of land on which to erect a dwelling and, before the dwelling is erected, the depositor sells that land and restores all or part of the net proceeds of sale into that account as soon as practicable, then the amount of the withdrawal, to the extent that it has been so restored, shall be deemed not to have been withdrawn from the account for the purpose of calculating the amount of the depositor's eligible savings if the depositor has made only 1 such withdrawal.
5: Where a depositor withdraws the whole or any part of the money standing to the depositor's credit in the depositor's Ordinary Home Ownership Account to be used by the depositor as a deposit under a conditional agreement to acquire a dwelling, and the agreement fails to become binding and the depositor restores all or part of the amount of the withdrawal into that account as soon as practicable, the amount of the withdrawal, to the extent to which it has been so restored, shall be deemed not to have been withdrawn from the account for the purpose of calculating the amount of the depositor's eligible savings if, in relation to each such conditional contract respectively, the depositor has made only 1 withdrawal from the depositor's account. Section 3 replaced 1 January 1982 Home Ownership Savings Amendment Act 1981
4: Notice of conditions
The terms and conditions upon which applications for benefits will be considered and Section 4 amended 3 June 2017 section 4(2) Statutes Repeal Act 2017
5: Ineligible depositors
1: Notwithstanding anything in this Act but subject to subsections (2) to (4), no depositor shall be eligible for any benefits where, in the opinion of the Corporation, the depositor or, in the case of a joint Ordinary Home Ownership Account, either of the depositors—
a: either solely or jointly or in common with any other person holds or has held any beneficial interest (including a life estate or life interest) in a dwelling in New Zealand or elsewhere; or
b: either solely or jointly or in common with any other person has or had at any time a controlling interest in any limited liability company which at that time held any beneficial interest in a dwelling in New Zealand or elsewhere; or
c: either solely or jointly with any other person has previously received any benefits.
2: Having regard to the special circumstances of any case, the Corporation may in its discretion grant, either wholly or partly, and conditionally or unconditionally, benefits to any such depositor.
3: For the purposes of paragraphs (a) and (b) of subsection (1), a beneficial interest in a dwelling
4: Where a depositor has entered into an unconditional contract to purchase or otherwise acquire a dwelling and it is a stipulation of that contract that possession of the dwelling is not to be given until a specified date (being a date not later than 6 months after the date upon which the contract becomes unconditional), the depositor shall be deemed not to have acquired, by virtue of that contract, a beneficial estate or beneficial interest in that dwelling for the purposes of this Act until the arrival of that date of possession or until the depositor, by virtue of that contract or otherwise howsoever, sooner enters into and takes possession of the dwelling. Section 5 replaced 1 January 1982 Home Ownership Savings Amendment Act 1981
6: Purchase grant
1: Subject to this Act, where the Corporation is satisfied that the grant is to be used by a depositor in the acquisition of a dwelling in New Zealand, there shall be paid by the Corporation to the depositor a grant of an amount equal to 25% (or such other percentage as the Governor-General may, from time to time, by Order in Council declare) of the amount of the eligible savings of the depositor to the extent that the Corporation is satisfied that the eligible savings are to be used by the depositor in the acquisition of that dwelling.
2: No purchase grant shall be paid to any depositor in respect of any eligible savings withdrawn earlier than 2 subsection (3)
3: Where a depositor at any time uses, for the purposes of this Act, all or any of his eligible savings for the acquisition by the depositor of land in New Zealand upon which to erect a dwelling for the depositor's housing purposes and if, when the depositor acquires the land, there is a building on the land, then, within 3 months after such acquisition, the depositor shall remove that building from the land unless the Corporation, in its discretion and subject to such conditions as it considers fit to impose, permits the building or any part of it to remain on the land.
4: Where a depositor dies before he or she has been allowed a purchase grant, the personal representatives of the depositor may, to provide a dwelling for the widow or widower or any dependant of the depositor, apply for a purchase grant and the Corporation may deal with the application in the same manner, with any necessary modifications, as if the depositor had made the application.
5: No depositor shall be paid more than 1 purchase grant or, subject to section 10 Ordinary
6: A purchase grant may, at the discretion of the Corporation, be paid in respect of the acquisition by the depositor of a dwelling to be occupied by him at some future time. Section 6(2) amended 1 January 1982 Home Ownership Savings Amendment Act 1981 Section 6(3) replaced 1 January 1982 Home Ownership Savings Amendment Act 1981 Section 6(5) amended 25 November 1976 Home Ownership Savings Amendment Act 1976 Section 6(6) inserted 1 January 1982 Home Ownership Savings Amendment Act 1981
7: Interest subsidy
1: Subject to this Act, there shall be paid by the Corporation to every depositor who has been paid a purchase grant in respect of a dwelling, and who has—
a: borrowed money at interest to assist in the acquisition of the dwelling; or
b: entered into an agreement, involving the payment of interest for a term in excess of 1 year, to purchase the dwelling,— an interest subsidy under this section for each year of the term of the loan or agreement (not exceeding 5 years)
2: The interest subsidy under this section in relation to each depositor and each year shall be an amount equal to the sum of—
a: an amount equal to 2.5% of the amount by which the amount of his eligible savings at the terminating date exceeds the amount of his eligible savings at the date 1 year before the terminating date; and
b: an amount equal to 5% of the amount by which the amount of his eligible savings at the date 1 year before the terminating date exceeds the amount of his eligible savings at the date 2 years before the terminating date; and
c: an amount equal to 7.5% of the amount by which the amount of his eligible savings at the date 2 years before the terminating date exceeds the amount of his eligible savings at the date 3 years before the terminating date; and
d: an amount equal to 10% of the amount by which the amount of his eligible savings at the date 3 years before the terminating date exceeds the amount of his eligible savings at the date 4 years before the terminating date; and
e: an amount equal to 12.5% of the amount of his eligible savings at the date 4 years before the terminating date: provided that in no year shall the amount of the interest subsidy exceed an amount which reduces the average interest rate paid on all money owing in relation to the acquisition of the dwelling and the land on which the dwelling is erected below the rate of 3% per annum, or such other rate as the Governor-General may, from time to time, by Order in Council declare.
3: Where a person who is receiving an interest subsidy in respect of money owing in relation to the acquisition of a dwelling dies, and the widow or widower or any dependant of that person continues to reside in that dwelling and to pay interest in respect of that money, that interest subsidy shall continue to be payable in the same manner, with any necessary modifications, as if that person had not died. Section 7(1) amended 1 January 1982 Home Ownership Savings Amendment Act 1981
7A: Capitalisation of interest subsidy
1: Every depositor who is entitled to receive an interest subsidy under section 7 section 6
2: Every such additional purchase grant shall be an amount calculated in accordance with the following formula, or such other formula as may be fixed from time to time by Order in Council: a × (1.085) n (1.085) n where— a is the amount of the annual interest subsidy; and n is the number of years in respect of which that annual interest subsidy is payable. Section 7A inserted 25 November 1976 Home Ownership Savings Amendment Act 1976 Section 7(2) replaced 25 November 1976), on 1 January 1982 Home Ownership Savings Amendment Act 1981
8: Preservation of benefits
Where, by reason of an Order in Council made pursuant to section 3(2)(a) section 6(1) section 7(2) section 7A(2) Section 8 amended 1 January 1982 Home Ownership Savings Amendment Act 1981
9: Disposition of dwelling within 5 years of payment of purchase grant
Section 9 repealed 25 November 1976 Home Ownership Savings Amendment Act 1976
10: Aggregation of benefits
The benefits payable under this Act may be aggregated when 2 depositors who have separate Ordinary Section 10 amended 25 November 1976 Home Ownership Savings Amendment Act 1976
11: Joint accounts
Where 2 depositors have a joint Ordinary Ordinary Section 11 amended 25 November 1976 Home Ownership Savings Amendment Act 1976
11A: New joint Ordinary Accounts not to be opened
1: A person may not open an Ordinary Home Ownership Account jointly or in common with any other person after the expiry of 31 December 1981.
2: Any account purported to have been so opened shall be deemed not to be an Ordinary Home Ownership Account. Section 11A inserted 1 January 1982 Home Ownership Savings Amendment Act 1981
12: Transferability
1:
2: Balances in an Ordinary Home Ownership Account with any authorised savings institution may be transferred to an Ordinary Home Ownership Account with any other authorised savings institution.
3: Any transfer of an Ordinary Home Ownership Account of any depositor from one authorised savings institution to another authorised savings institution shall not affect the calculation of eligible savings or the rights of the depositor. Section 12(1) repealed 3 June 2017 section 4(2) Statutes Repeal Act 2017 Section 12(2) replaced 30 March 1987 Home Ownership Savings Amendment Act 1987 Section 12(3) replaced 30 March 1987 Home Ownership Savings Amendment Act 1987
13: Payment to Corporation
The Minister of Finance may from time to time, without further appropriation than this section, pay from a Crown Bank Account Section 13 amended 25 January 2005 section 65R(3) Public Finance Act 1989
14: Exemption from income tax
All benefits shall be exempt from income tax.
2: Special Home Ownership Accounts
Part 2 inserted 25 November 1976 Home Ownership Savings Amendment Act 1976
14A: Special Home Ownership Accounts
1: Subject to this Act, on and after 1 November 1976 any person may open in his own name and for his own purpose (but not jointly or in common with any other person) a Special Home Ownership Account and the provisions of the Income Tax Act 2007
2: No person who has, in relation to an Ordinary Home Ownership Account, been paid either solely or jointly with any other depositor any benefit or who has, in relation to a Special Home Ownership Account, withdrawn any amount from that account pursuant to a withdrawal certificate (not being an amount which has subsequently been redeposited in full and in respect of which the withdrawal certificate has been cancelled pursuant to section 14F(4)
3: No person who is a depositor in relation to a Special Home Ownership Account or who has withdrawn any amount from a Special Home Ownership Account pursuant to a withdrawal certificate (not being an amount which has subsequently been redeposited in full and in respect of which the withdrawal certificate has been cancelled pursuant to section 14F(4)
4: No person who is a depositor in relation to an Ordinary Home Ownership Account with any authorised savings institution shall open a Special Home Ownership Account with any other authorised savings institution.
5: Where any person is a depositor in relation to an Ordinary Home Ownership Account jointly with any other person, he shall not open a Special Home Ownership Account unless the other person has given up his interest in the joint account or the joint account is severed into separate Ordinary Home Ownership Accounts: provided that where any Ordinary Home Ownership Account is so dealt with, the qualifying date (if any) of the sole account or accounts so created shall not, by reason thereof, be changed.
6: Except for interest which may from time to time accrue, no deposits shall, for the purposes of this Act, be made in any Special Home Ownership Account after the end of the qualifying year ending with the fifth anniversary of the qualifying date of the account.
7: If, in any financial year ending with 31 March, the amount of money deposited in or credited to a Special Home Ownership Account exceeds $3,000, the amount of that excess (to the extent that it does not itself exceed $3,000) shall be deemed to have been deposited in that account on the commencement of the financial year next following. Section 14A inserted 25 November 1976 Home Ownership Savings Amendment Act 1976 Section 14A(1) amended 1 April 2008 section ZA 2(1) Income Tax Act 2007 Section 14A(7) inserted 1 January 1982 Home Ownership Savings Amendment Act 1981
14B: Existing Ordinary Home Ownership Accounts
Where at the time a depositor opens a Special Home Ownership Account he is also a depositor in relation to an Ordinary Home Ownership Account—
a: if there is in respect of the Ordinary Home Ownership Account a qualifying date, that date shall be the qualifying date in respect of the Special Home Ownership Account; and
b: except for interest which may from time to time accrue and be payable in respect of the balance in the Ordinary Home Ownership Account, no other deposits shall be made thereafter in the Ordinary Home Ownership Account. Section 14B inserted 25 November 1976 Home Ownership Savings Amendment Act 1976
14C: Transferability
1:
2:
3: Balances in a Special Home Ownership Account with any authorised savings institution may be transferred to a Special Home Ownership Account with any other authorised savings institution.
4: Any transfer of a Special Home Ownership Account of any depositor from one authorised savings institution to another authorised savings institution shall not affect the calculation of eligible savings or the rights of the depositor. Section 14C inserted 25 November 1976 Home Ownership Savings Amendment Act 1976 Section 14C(1) repealed 3 June 2017 section 4(2) Statutes Repeal Act 2017 Section 14C(2) repealed 3 June 2017 section 4(2) Statutes Repeal Act 2017 Section 14C(3) replaced 30 March 1987 Home Ownership Savings Amendment Act 1987 Section 14C(4) inserted 30 March 1987 Home Ownership Savings Amendment Act 1987
14D: Withdrawal and transfers from Special Home Ownership Account
1: Subject to this section
2: A depositor may at any time withdraw or transfer any amount from his Special Home Ownership Account if, after the amount is withdrawn or transferred, the balance of the account is not reduced to an amount less than the closing balance of the account at 31 March immediately preceding the date of that withdrawal or transfer.
3: In any case where subsection (2)
a: where the withdrawal or transfer (not being a transfer allowed under section 14C
b: where the withdrawal or transfer is made pursuant to a withdrawal certificate, the amount of the balance of the account is to be withdrawn and the account closed unless by the terms and conditions of the withdrawal certificate a lesser amount is to be withdrawn and the account is to remain open.
4: Where any Special Home Ownership Account is closed pursuant to subsection (3)
a: the name of the depositor:
b: the amount of the withdrawal which resulted in the closure of the account:
c: the closing balance of the account as at the 31 March immediately preceding the date of the closure:
d: the amount stated in the withdrawal certificate (if any): provided that the authorised savings institution shall not notify the Corporation if the withdrawal was made otherwise than pursuant to a withdrawal certificate.
5: Notwithstanding anything in this section, where a depositor who has deposited in his Special Home Ownership account an amount in any 1 financial year ending with 31 March in excess of the maximum amount of any increase in savings on which tax credit is allowed under section LZ 9 Section 14D inserted 25 November 1976 Home Ownership Savings Amendment Act 1976 Section 14D(1) amended 3 June 2017 section 4(2) Statutes Repeal Act 2017 Section 14D(5) inserted 1 January 1982 Home Ownership Savings Amendment Act 1981 Section 14D(5) amended 1 April 2008 section ZA 2(1) Income Tax Act 2007
14E: Reopening of Special Home Ownership Accounts
1: Where—
a: a Special Home Ownership Account is closed pursuant to a withdrawal certificate issued under section 14F(1)
b: the amount withdrawn is used by the depositor as a deposit under a conditional agreement to acquire a dwelling and the agreement fails to become binding,— the Corporation may determine that the account shall be reopened, subject to the depositor paying into the account the whole of the amount withdrawn or such part as the Corporation determines, and the Corporation shall notify the authorised savings institution and the Commissioner accordingly.
2: Where—
a: a Special Home Ownership Account is closed pursuant to a withdrawal certificate issued under section 14F(2)
b: the amount withdrawn was used by the depositor for the acquisition of land on which to erect a dwelling, and, before the dwelling is erected, the depositor, with the written approval of the Corporation, sells the land,— the Corporation may determine that the account shall be reopened subject to the depositor paying into the account the whole of the proceeds of sale or such part as the Corporation determines, and the Corporation shall notify the authorised savings institution and the Commissioner accordingly.
3: Where any Special Home Ownership Account is reopened pursuant to subsection (1) or subsection (2) Section 14E inserted 25 November 1976 Home Ownership Savings Amendment Act 1976
14F: Withdrawal certificate
1: Subject to this Act, the Corporation shall, on application made to it in writing by any depositor in relation to a Special Home Ownership Account not earlier than 2 provided that the Corporation shall not issue such a certificate in respect of any sum of money that has not been deposited in or credited to the account for at least 3 months.
1A: In respect of any Special Home Ownership Account, or in respect of any Special Home Ownership Account which has, pursuant to section 14E
2: Subject to this Act and notwithstanding subsection (1) provided that this subsection shall not apply in respect of any land which has any building erected thereon unless the Corporation is satisfied that the building is to be demolished or removed within 3 months after the date on which the land is acquired, or the Corporation in its discretion permits the building or any part of it to be retained on the land.
3: Any withdrawal certificate may be issued subject to such terms and conditions as are set forth in the certificate and which the Corporation considers it necessary or desirable to impose to ensure that any amount withdrawn from a Special Home Ownership Account pursuant to the certificate is used by the depositor for the purposes for which the certificate was issued.
4: Where any depositor has, pursuant to a withdrawal certificate, withdrawn any amount from his Special Home Ownership Account, and redeposits the whole or part of that amount in his account, the withdrawal certificate shall be cancelled to the extent of the amount redeposited.
5: Where a depositor dies before the depositor has been issued with a withdrawal certificate, the personal representatives of the depositor may apply to the Corporation for a withdrawal certificate for such amount as is to be used to provide a dwelling for the widow or widower or any dependant of the depositor, and the Corporation may deal with the application in the same manner, with any necessary modification, as if the depositor had made the application, and the other provisions of this Act shall apply accordingly.
6: Any withdrawal certificate shall cease to have any force or effect on or after any date that may be specified therein in that behalf or, if no such date is specified therein, on the expiration of 3 months after the date of the certificate.
7: Every withdrawal certificate shall require the authorised savings institution to close the Special Home Ownership Account of the depositor unless
8: A withdrawal certificate may, at the discretion of the Corporation, be issued in respect of the acquisition of a dwelling to be occupied by the depositor at some future time. Section 14F inserted 25 November 1976 Home Ownership Savings Amendment Act 1976 Section 14F(1) amended 1 January 1982 Home Ownership Savings Amendment Act 1981 Section 14F(1) proviso inserted 1 January 1982 Home Ownership Savings Amendment Act 1981 Section 14F(1A) inserted 1 January 1982 Home Ownership Savings Amendment Act 1981 Section 14F(2) amended 1 January 1982 Home Ownership Savings Amendment Act 1981 Section 14F(7) amended 1 January 1982 Home Ownership Savings Amendment Act 1981 Section 14F(8) inserted 1 January 1982 Home Ownership Savings Amendment Act 1981
14G: Ineligible depositors
Notwithstanding anything in this Act, no depositor shall be eligible to obtain a withdrawal certificate in respect of a Special Home Ownership Account where, in the opinion of the Corporation, the depositor would not be eligible for any benefits under Part 1 provided that, having regard to the special circumstances of any case, the Corporation may, in its discretion issue a withdrawal certificate, either in respect of the whole or part of the balance in the account, and conditionally or unconditionally, to any depositor. Section 14G inserted 25 November 1976 Home Ownership Savings Amendment Act 1976
14H: Breach of home ownership requirements
Where the Corporation at any time knows or has reason to believe or suspect that a depositor who has been issued a withdrawal certificate has failed to fulfil any home ownership requirements to which he may be or may become subject, the Corporation shall forthwith in writing inform the Commissioner accordingly. Section 14H inserted 25 November 1976 Home Ownership Savings Amendment Act 1976
3: General provisions
Part 3 inserted 25 November 1976 Home Ownership Savings Amendment Act 1976
14I: Available savings
1: For the purposes of this Act, but subject to subsection (2)
a: the total of—
i: all eligible savings:
ii: all amounts withdrawn pursuant to a withdrawal certificate:
iii: in the case of an Ordinary Home Ownership Account, the amount of any purchase grant paid or payable in respect of that account,— used or to be used by the depositor for housing purposes:
b: the sum of $7,500 provided that if a depositor is a depositor in relation to an Ordinary Home Ownership Account and also a depositor in relation to a Special Home Ownership Account the available savings shall, in relation to both accounts, not exceed in the aggregate the amount so prescribed in this paragraph.
2: Notwithstanding subsection (1)
a: in the case of an Ordinary Home Ownership Account, where the depositor is ineligible to receive any benefits; and
b: in relation to a Special Home Ownership Account, to the extent that any amounts are withdrawn from the Account otherwise than pursuant to a withdrawal certificate. Section 14I inserted 25 November 1976 Home Ownership Savings Amendment Act 1976 Section 14I(1)(b) amended clause 2 Home Ownership Savings (Increased Amount) Order 1982
14J: Loans
1: Where a depositor has, or has had, a Home Ownership Account with an authorised savings institution and intends to borrow any amount from that institution for the purposes of acquiring or erecting a dwelling in New Zealand for his housing purposes, the Corporation may, in its discretion and subject to this Act—
a: advance to the depositor; or
b: advance to that institution, and that institution may so borrow for the purpose of lending it to the depositor— an equivalent amount, but not exceeding the amount of the depositor's available savings.
2: Sections 26 27 28 29 subsection (1) or depositor provided that, and notwithstanding section 25(1) or depositor
3: Notwithstanding the foregoing provisions of this section, the Governor-General may from time to time, by Order in Council, specify the terms and conditions subject to which,—
a: the Corporation may make advances to authorised savings institutions or depositors
b: authorised savings institutions may make loans to depositors.
4: Notwithstanding subsection (3)
a: the Corporation may, when advancing, pursuant to this section, any amount to any authorised savings institution or depositor
b: an authorised savings institution may, when making any loan to which this section applies to any depositor, make the loan on such terms and conditions (not inconsistent with those specified in any Order in Council referred to in that subsection), as the institution may think fit to impose.
5: Every advance made, pursuant to the foregoing provisions of this section, by the Corporation to an authorised savings institution or depositor section 24 Section 14J inserted 25 November 1976 Home Ownership Savings Amendment Act 1976 Section 14J(1) replaced 1 January 1982 Home Ownership Savings Amendment Act 1981 Section 14J(2) amended 1 January 1982 Home Ownership Savings Amendment Act 1981 Section 14J(2) amended 1 January 1982 Home Ownership Savings Amendment Act 1981 Section 14J(3)(a) amended 1 January 1982 Home Ownership Savings Amendment Act 1981 Section 14J(4)(a) amended 1 January 1982 Home Ownership Savings Amendment Act 1981 Section 14J(5) amended 1 January 1982 Home Ownership Savings Amendment Act 1981
14K: Restrictions on dispositions
1: For the purposes of this Act the term restriction period
a: in relation to an Ordinary Home Ownership Account of any depositor, the period of 5 years commencing on the date on which a purchase grant is paid to the depositor , or, if the grant is paid in respect of a dwelling for future occupation under section 6(6)
b: in relation to a Special Home Ownership Account of any depositor, the period of 5 years commencing on—
i: if the withdrawal was made pursuant to a withdrawal certificate to enable the depositor to acquire a dwelling, the date on which the dwelling was acquired by the depositor; or
ii: if the withdrawal was made pursuant to a withdrawal certificate to enable the depositor to acquire land upon which to erect a dwelling, the date on which the construction of that dwelling was completed: provided that, if a withdrawal certificate is issued in respect of the acquisition of a dwelling for future occupation under section 14F(8)
2: No depositor shall, without on each occasion the subsection (1) provided that the foregoing provisions of this subsection shall not apply to—
a: any memorandum of mortgage or other encumbrance granted by the depositor over his estate or interest in any such dwelling or in any such land to secure any loan made to him by the Corporation, or by The National Bank
b: any settlement of such dwelling as a joint family home under the provisions of the Joint Family Homes Act 1964
c: any charge granted by the depositor over his estate or interest in such dwelling to secure any advance made to him under the Family Benefits (Home Ownership) Act 1964
d: any transmission of the depositor's estate or interest in any such dwelling or in any such land. Section 14K inserted 25 November 1976 Home Ownership Savings Amendment Act 1976 Section 14K(1)(a) amended 1 January 1982 Home Ownership Savings Amendment Act 1981 Section 14K(1)(b) proviso inserted 1 January 1982 Home Ownership Savings Amendment Act 1981 Section 14K(2) amended 1 January 1982 Home Ownership Savings Amendment Act 1981 Section 14K(2) amended 1 January 1982 Home Ownership Savings Amendment Act 1981 Section 14K(2) proviso paragraph (a) amended 1 July 1994 section 5(1)(a) National Bank of New Zealand Limited Act 1994
14L: Effect of dispositions within restriction period
If a depositor, contrary to section 14K , or fails or ceases to occupy any such dwelling,
a: refund to the Corporation all benefits which he has received in respect of his deposits in his Ordinary Home Ownership Account; and
b: pay to the Corporation sections RZ 7 to RZ 10 Section 14L inserted 25 November 1976 Home Ownership Savings Amendment Act 1976 Section 14L amended 1 January 1982 Home Ownership Savings Amendment Act 1981 Section 14L(b) amended 1 April 2008 section ZA 2(1) Income Tax Act 2007 Section 14L(b) amended 1 January 1982 Home Ownership Savings Amendment Act 1981
14M: Charges and caveats
1: To secure any money which may, pursuant to this Act, or sections RZ 7 to RZ 10
a: execute and register, against the title to the depositor's dwelling or land referred to in section 14K Land Charges Registration Act 1928
b: lodge a caveat in favour of the Corporation against such title pursuant to the Land Transfer Act 1952
2: To register any such charge or to lodge any such caveat it shall not be necessary to produce to a
3: Where any such charge is so registered or any such caveat is so lodged, it shall be the duty of the Land Transfer Act 1952
4: Subject to section 14K
5: No such charge or caveat shall be discharged, released, modified, or varied except by the Corporation or pursuant to an Order of the High
6: No Section 14M inserted 25 November 1976 Home Ownership Savings Amendment Act 1976 Section 14M(1) amended 1 April 2008 section ZA 2(1) Income Tax Act 2007 Section 14M(2) amended 1 June 2002 section 38(2) Land Transfer (Computer Registers and Electronic Lodgement) Amendment Act 2002 Section 14M(3) amended 1 June 2002 section 38(2) Land Transfer (Computer Registers and Electronic Lodgement) Amendment Act 2002 Section 14M(5) amended 1 April 1980 section 12 Judicature Amendment Act 1979 Section 14M(6) amended 20 May 1999 section 7 Stamp Duty Abolition Act 1999
15: Information to be supplied to Minister or Corporation
Notwithstanding anything in any other Act, every authorised savings institution shall furnish to the Minister or to the Corporation such information and particulars in relation to Home Ownership Accounts opened with the institution as the Minister may from time to time require to be furnished: provided that nothing in this section shall authorise the Minister to require any authorised savings institution to furnish any information which, in accordance with accepted banking practice, a banker is not obliged to disclose without the consent of the depositor concerned, unless that consent has been obtained.
16: Offences and penalties
1: Every person commits an offence against this Act who—
a: makes any statement knowing it to be false in any material particular or otherwise wilfully misleads or attempts to mislead the Corporation or any officer of the Corporation or any other person in relation to any application for a benefit for himself or any other person:
b: being a person to whom a benefit has been paid under this Act—
i: fails, within a reasonable time after being required to do so, to supply in writing to the Corporation any information requested by the Corporation for the purpose of ascertaining whether or not the terms and conditions under which the benefit was paid have been fulfilled or whether or not any event has taken place by reason which the benefit or any part thereof is repayable: provided that no person shall be required to supply any information tending to incriminate himself; or
ii: supplies any information knowing it to be false in any material particular.
2: Any person who commits an offence under subsection (1)
a: to imprisonment for a term not exceeding 6 months or to a fine not exceeding $1,000; and
b: to repay in full to the Corporation any benefits wrongfully obtained. Section 16(2) amended 1 July 2013 section 413 Criminal Procedure Act 2011
17: Regulations
1: The Governor-General may from time to time, by Order in Council, make regulations in regard to any matter or for any purpose for which regulations are prescribed or contemplated by this Act or may be necessary for giving full effect to the provisions of this Act and for the due administration thereof.
2: Without limiting the general power to make regulations conferred by subsection (1)
a: prescribing the mode of making application for benefits:
b: prescribing the procedure for payment of benefits:
c: prescribing offences in respect of the contravention of or non-compliance with any regulations made under this Act or any term or condition given pursuant to any such regulations, and prescribing penalties on Section 17(2)(c) amended 1 July 2013 section 413 Criminal Procedure Act 2011 |
DLM412734 | 1974 | Commonwealth Games Symbol Protection Act 1974 | 1: Short Title and commencement
1: This Act may be cited as the Commonwealth Games Symbol Protection Act 1974.
2: This Act shall come into force on 1 July 1974.
2: Interpretation
In this Act, unless the context otherwise requires,— Association Minister symbol Schedule
3: Restriction on use of symbol
1: No person shall use the symbol for any purpose without the consent of the Minister.
2: For the purposes of subsection (1), where any person uses for any purpose any mark, emblem, or design that so nearly resembles the symbol as to be likely to deceive, he shall be deemed to have used the symbol for the same purpose.
3: Nothing in subsection (1) shall apply—
a: to the use of the symbol by The Shipping Corporation of New Zealand Limited for any purpose for which the Corporation was entitled to use it immediately before the commencement of this Act:
b: to the use by any person for any purpose of any article incorporating in its design or imprinted with the symbol, if that article was lawfully manufactured in or imported into New Zealand before the commencement of this Act.
4: Every person who acts in contravention of subsection (1) commits an offence and shall be liable on
5: In any prosecution for an offence against this section it shall be for the defendant to prove that he acted with the consent of the Minister, or that the act complained of was not an offence by virtue of subsection (3). Section 3(4) amended 1 July 2013 section 413 Criminal Procedure Act 2011
4: Minister may consent to use of symbol, and impose conditions
1: On written application made to him in that behalf, the Minister may consent to the use of the symbol, thereafter or for such period as he may specify, for any particular purpose.
2: In any such case the Minister may give his consent on such terms and subject to such conditions as he thinks fit, including a condition requiring the applicant for his consent to pay to the Association such sum or sums as the Minister may think reasonable, whether by way of premium, royalty, or otherwise, and may from time to time, on the application or with the consent of the applicant, vary or revoke any such term or condition.
3: Where the Minister has given his consent to the use of the symbol by any person and that person is convicted of an offence against section 3
4: Where—
a: the Minister has consented to the use of the symbol by any person for a particular purpose and has attached a condition to his consent; and
b: that person has used the symbol for any other purpose, or has used the symbol without complying with each such condition,— that person shall, for the purposes of subsection (1) of section 3
5: Where under subsection (2) the Minister requires any person to pay any sum to the Association, neither the Minister nor that person shall be concerned to see to the application of that sum by the Association. |
DLM412777 | 1974 | Niue Constitution Act 1974 | 1: Short Title and commencement
1: This Act may be cited as the Niue Constitution Act 1974.
2: This Act shall come into force on a date to be appointed for the commencement thereof by the Governor-General, by Proclamation. Section 1(2) brought into force 19 October 1974 Niue Constitution Act Commencement Order 1974
2: Application to Niue
This Act shall extend to Niue as part of the law of Niue.
3: Niue to be self-governing
Niue shall be self-governing.
4: Constitution of Niue
1: The Constitution set out in its Niuean language version in Schedule 1 Schedule 2 Constitution
2: Where the Constitution provides that any New Zealand court or department of government or statutory authority shall perform any function or exercise any power in relation to Niue, that court, or, as the case may be, the officers of that department or the members and staff of that authority are by this Act authorised and required to perform that function or exercise that power in accordance with the Constitution.
5: British nationality and New Zealand citizenship
Nothing in this Act or in the Constitution shall affect the status of any person as a British subject or New Zealand citizen by virtue of the British Nationality and New Zealand Citizenship Act 1948.
6: External affairs and defence
Nothing in this Act or in the Constitution shall affect the responsibilities of Her Majesty the Queen in right of New Zealand for the external affairs and defence of Niue.
7: Economic and administrative assistance
It shall be a continuing responsibility of the Government of New Zealand to provide necessary economic and administrative assistance to Niue.
8: Co-operation between New Zealand and Niue
Effect shall be given to the provisions of sections 6 7
9: New Zealand representative
1: There shall be appointed under the State Sector Act 1988
2: The New Zealand representative shall be stationed in Niue, and shall be the representative of the Government of New Zealand in Niue. Section 9 amended 1 April 1988 section 90(a) State Sector Act 1988 (1988 No 20) |
DLM425998 | 1974 | Reserves and Other Lands Disposal Act 1974 | 1: Short Title
This Act may be cited as the Reserves and Other Lands Disposal Act 1974.
2: Vesting of certain land in Crown subject to enjoyment of certain rights by New Zealand Broadcasting Corporation
Section 2 repealed 1 July 2000 section 40(1) Parliamentary Service Act 2000
3: Vesting certain land in the Crown as a reserve for cemetery purposes
Whereas by Proclamation dated 18 December 1872 and published in the Canterbury Provincial Gazette cemetery lands And whereas by notice dated 7 November 1950 and published in the Gazette section 55 of the Cemeteries Act 1908 the Council And whereas by notice dated 8 February 1957 and published in the Gazette Reserves and Domains Act 1953 And whereas by the Ellesmere Cemetery Order 1957 made pursuant to the Cemeteries Act 1908 And whereas by deed of conveyance dated 12 December 1882 the land to which this section relates was vested in certain persons as the trustees of the said cemetery: And whereas all those persons are deceased: And whereas for many years the Council has administered and used the land in connection with the cemetery: And whereas the Council is desirous that the land be formally incorporated into the cemetery: And whereas to this end it is expedient to vest the land in Her Majesty the Queen as a reserve for cemetery purposes: And whereas Her Majesty is willing to accept the land for these purposes: Be it therefore enacted as follows:
1: The land to which this section relates is hereby vested in Her Majesty the Queen as a reserve for cemetery purposes, subject to the Reserves and Domains Act 1953
2: This section relates to the following land: All that parcel of land situated in the Canterbury Land District, containing 617 square metres, more or less, being situated in Block I, Southbridge Survey District, and being part of Rural Section 7966 and being the whole of the land comprised and described in certificate of title, Volume 406, folio 99 (Canterbury Registry).
4: Changing the purpose for which part of the Cromwell Racecourse Reserve is held from the purposes of a racecourse to the purposes of an aerodrome
Whereas pursuant to the Public Reserves Act 1854 racecourse land And whereas by section 2 And whereas by Order in Council dated 27 August 1941 and published in the Gazette Corporation Cromwell Racecourse Reserve Act 1876 And whereas the land to which this section relates comprises part of the racecourse land: And whereas by notice dated 19 August 1953 and published in the Gazette Local Authorities Empowering (Aviation Encouragement) Act 1929 And whereas the land was used for that purpose until that consent was revoked by notice dated 28 July 1965 and published in the Gazette And whereas the Corporation is desirous that it be empowered again to use the land for the purposes of an aerodrome: And whereas to that end it is desirable to change the purpose for which the land to which this section relates is set aside from a reserve for racecourse purposes to a reserve for aerodrome purposes: Be it therefore enacted as follows:
1: Notwithstanding anything in the Cromwell Racecourse Reserve Act 1876 Reserves and Domains Act 1953
2: This section relates to the following land: All that parcel of land situated in the Otago Land District, Vincent County, containing 41.116 hectares, more or less, being the whole of Section 91 SO Plan 17959 Section 4(2) amended 21 December 1977 section 6(1) Reserves and Other Lands Disposal Act 1977 Section 4(2) amended 21 December 1977 section 6(2) Reserves and Other Lands Disposal Act 1977
5: Vesting the site of the Kohuwhera Pa and its fortifications in the Crown
Whereas by an order of the Maori Land Court made pursuant to section 438 of the Maori Affairs Act 1953 trustees And whereas in pursuance of the terms of the trust the trustees have partitioned the land in the required manner and have obtained the approval of the Maori Land Court to the partition as is evidenced by the order of the court made in that behalf on 22 November 1973: And whereas in further pursuance of the terms of the trust the trustees are desirous of transferring to Her Majesty the land to which this section relates for the purposes of an historic reserve, subject to the condition specified in subsection (2): And whereas Her Majesty is willing to accept the land for that purpose and subject to that condition: And whereas the provisions of Part 21 of the Maori Affairs Act 1953 And whereas it is expedient to make provision for the gift to be effected accordingly: Be it therefore enacted as follows:
1: Notwithstanding the provisions of Part 21 of the Maori Affairs Act 1953 Reserves and Domains Act 1953 subsection (2) provided that to the extent that the condition is inconsistent with any of the provisions of that Act the terms of the condition shall prevail.
2: The condition referred to in subsection (1) is that Her Majesty undertakes to return the land to the trustees without delay should it no longer be required as an historic reserve.
3: This section relates to the following land: All that parcel of land situated in the North Auckland Land District, Bay of Islands County, containing 2.3016 hectares, more or less, being situated in Block II, Russell Survey District, and being the whole of Paroa 1 Block.
6: Empowering the Corporation of the City of Auckland to lease certain lands in the Auckland Domain to the Auckland Bowling Club (Incorporated), the Auckland Lawn Tennis Association (Incorporated), and the Auckland Rugby League (Incorporated) respectively
Whereas the parcels of land subsection (3) Corporation Auckland Domain Vesting Act 1893 And whereas pursuant to section 27 subsection (3) And whereas it is desirable to empower the Corporation to grant a lease of the land to the said Club for a further term not exceeding 21 years, the term (if the Corporation so decides) to be deemed to have commenced on 1 April 1970: And whereas pursuant to section 27 And whereas it is desirable to empower the Corporation to grant a lease of the land to the said League for a further term not exceeding 21 years, the term (if the Corporation so decides) to be deemed to have commenced on 5 February 1974: And whereas it is expedient to make provision accordingly: Be it therefore enacted as follows:
1: Notwithstanding anything in the Auckland Domain Vesting Act 1893
a: to the Auckland Bowling Club (Incorporated) a lease of the land first described in subsection (3)
b:
c: to the Auckland Rugby League (Incorporated) a lease of the land thirdly described in subsection (3)
2: Any lease granted under subsection (1) may be for such term, not exceeding 21 years, at such rental, and otherwise upon and subject to such terms and conditions as the Corporation thinks fit.
3: This section relates to the following land: First, all that parcel of land situated in the North Auckland Land District, containing 5043 square metres, more or less, being situated in Block VIII, Rangitoto Survey District, and being part of the Auckland Domain; as the same is more particularly delineated on the plan marked L and S 1/550, deposited in the Head Office, Department of Lands and Survey at Wellington, and thereon marked A and edged red (SO 49380). Thirdly, all that parcel of land situated in the North Auckland Land District, containing 3948 square metres, more or less, being situated in Block VIII, Rangitoto Survey District, and being part of the Auckland Domain and parts Section 98, Suburbs of Auckland; as the same is more particularly delineated on the plan marked L and S 1/550, deposited in the Head Office, Department of Lands and Survey at Wellington, and thereon edged red (SO 37421). Section 6 amended 24 June 2008 section 6(a) Auckland Domain (Auckland Tennis) Amendment Act 2008 Section 6 amended 24 June 2008 section 6(b) Auckland Domain (Auckland Tennis) Amendment Act 2008 Section 6 amended 16 December 1987 section 14 Auckland Domain Act 1987 Section 6(1)(a) amended 16 December 1987 section 14 Auckland Domain Act 1987 (1987 No 7 (L)). Section 6(1)(b) repealed 24 June 2008 section 6(c) Auckland Domain (Auckland Tennis) Amendment Act 2008 Section 6(1)(c) amended 16 December 1987 section 14 Auckland Domain Act 1987 Section 6(3) amended 24 June 2008 section 6(d) Auckland Domain (Auckland Tennis) Amendment Act 2008
7: Vesting certain land in the Chatham Islands County Corporation for the purposes of a recreation reserve
Whereas on or before 3 March 1899 the fee simple estate in the land to which this section relates was vested in The Chatham Islands Institute (in this section referred to as the Institute And whereas no such library or institute has been erected on the land: And whereas the Institute has been defunct for many years: And whereas the land is situated within the territorial boundaries of the County of the Chatham Islands, and the Chatham Islands County Council is desirous that the land be vested in the Chairman, Councillors, and Inhabitants of the said County (in this section collectively referred to as the Corporation And whereas it is expedient to make provision accordingly: Be it therefore enacted as follows:
1: The land to which this section relates is hereby vested in the Corporation for the purposes of a recreation reserve, subject to the Reserves and Domains Act 1953
2: This section relates to the following land: All that parcel of land situated in the Wellington Land District, Chatham Islands County, containing 618 square metres, more or less, being section 3, Block III, Oropuke Survey District, and being the whole of the land comprised and described in certificate of title, Volume 99, folio 55 (Wellington Registry).
8: Declaring land subject to the Forests Act 1949 to be Crown land subject to the Land Act 1948
Whereas the land described in subsection (2) is set apart as State forest land under the Forests Act 1949 And whereas it is desired that it should be declared to be Crown land subject to the Land Act 1948 Be it therefore enacted as follows:
1: The setting apart of the land described in subsection (2) as State forest land is hereby revoked and the land is hereby declared to be Crown land subject to the Land Act 1948
2: This section relates to the following land: First, all that parcel of land situated in the North Auckland Land District, containing 5046 square metres, more or less, being Section 23, Block VI, Kumeu Survey District, subject to right of way over part created by transfer 48232 (SO 29159). Secondly, all that parcel of land situated in the North Auckland Land District, containing 86.1474 hectares, more or less, being part Sections 6 and 9, Block XIV, Omapere Survey District (SO 48711). Thirdly, all that parcel of land situated in the North Auckland Land District, containing 4046 square metres, more or less, being Lot 1, DP 38843, being part Allotment SE 39, Whangarei Parish, situated in Block VIII, Purua Survey District, and being the whole of the land comprised and described in certificate of title, Volume 1037, folio 197 (North Auckland Registry). Fourthly, all those parcels of land situated in the South Auckland Land District, containing 23.8000 hectares and 2.4400 hectares, more or less, being parts Tairua Block situated in Block III, Tairua Survey District (SO 47412). Fifthly, all that parcel of land situated in the South Auckland Land District, containing 5.3620 hectares, more or less, being part Tairua Block situated in Block II, Tairua Survey District; as shown coloured red on SO 47358. Sixthly, all that parcel of land situated in the South Auckland Land District, containing 45.2000 hectares, more or less, being Section 27, Block XVI, Kawhia South Survey District (formerly part Section 11, Block XVI, Kawhia South Survey District) (SO 47408). Seventhly, all that parcel of land situated in the Taranaki Land District, containing 27.1139 hectares, more or less, being Section 30, Block IX, Mimi Survey District (SO 957). Eighthly, all that parcel of land situated in the Nelson Land District, containing 16.0862 hectares, more or less, being part Section 1, Block XVI, Mawheraiti Survey District; as shown coloured red on SO 11676 lodged in the office of the Chief Surveyor at Nelson. Ninthly, all that parcel of land situated in the Nelson Land District, containing 200.0158 hectares, more or less, being State forest land situated in Block XVI, Mawheraiti Survey District, and Block IV, Ahaura Survey District; as shown coloured red on SO 11677 lodged in the office of the Chief Surveyor at Nelson. Tenthly, all that parcel of land situated in the Nelson Land District, containing 67.9264 hectares, more or less, being Sections 23 and 24, Block VI, Aorere Survey District (SO 4362). Eleventhly, all that parcel of land situated in the Nelson Land District, containing 2.6380 hectares, more or less, being Lot 8, DP 7605L, being part Section 161, Square 6, situated in Block VII, Wangapeka Survey District. Twelfthly, all that parcel of land situated in the Nelson Land District, containing 4046 square metres, more or less, being residence site licence No 5187 situated in Block IV, Inangahua Survey District (SO 11820) and being the whole of the land comprised and described in certificate of title, Volume 10, folio 374 (Nelson Registry). Thirteenthly, all that parcel of land situated in the Westland Land District, containing 109.5000 hectares, more or less, being part Reserve 1800 situated in Blocks VII and XI, Waiho Survey District (SO 9274). |
DLM425924 | 1974 | Tokelau Amendment Act 1974 | 1: Short Title
This Act may be cited as the Tokelau Amendment Act 1974 the Tokelau Act 1948 The word Islands omitted 2(3) (2) Tokelau Amendment Act 1976
2:
1: This subsection substituted section 9
2: The Schedule to the Maori and Island Affairs Department Act 1968
3: Every reference in any enactment relating to Tokelau Tokelau
a: In the case of a reference to the Minister of Island Affairs, be read after the passing of this Act as a reference to the Minister of Foreign Affairs:
b: In the case of a reference to the Secretary for Maori and Island Affairs, be read after the passing of this Act as a reference to the Secretary of Foreign Affairs and Trade
c: In the case of a reference to the Department of Maori and Island Affairs, be read after the passing of this Act as a reference to the Ministry of Foreign Affairs and Trade Subsection (3) amended 9 December 1976 3(7) Tokelau Amendment Act 1976 by substituting the word Tokelau the Tokelau Islands Subsection (3)(b) (c) amended 1 December 1988 14(1) Foreign Affairs Act 1988 by adding the words and Trade Foreign Affairs |
DLM413758 | 1974 | Niue Amendment Act 1974 | 1: Short Title and commencement
1: This Act may be cited as the Niue Amendment Act 1974, and shall be read together with and deemed part of the Niue Act 1966
2: This Act shall come into force on the date of the commencement of the Niue Constitution Act 1974
2: Amendments consequential on Niue Constitution Act
1:
2: Every reference in any enactment not specified in Schedule 1
a: In the case of a reference to the Executive Committee of Niue, as a reference to the Cabinet of Ministers of Niue:
b: In the case of a reference to the Leader of Government, as a reference to the Premier of Niue:
c: In the case of a reference to the Resident Commissioner of Niue, as a reference to the Cabinet of Ministers of Niue:
d: In the case of a reference to the Niue Island Assembly or to the Island Assembly (except in the definition of the term Ordinance 2
e: In the case of a reference to an Ordinance (except in the definition of that term in section 2
f: In the case of a reference to the Niue Assembly Account, as a reference to the Niue Government Account:
g: In the case of a reference to the Chief Judge of the High Court, as a reference to the Chief Justice of that Court:
h: In the case of a reference to the New Zealand State Services Commission, being a reference in relation to the Niue Public Service, as a reference to the Niue Public Service Commission.
3: |
DLM411813 | 1974 | Royal Titles Act 1974 | 1: Short Title
This Act may be cited as the Royal Titles Act 1974.
2: Royal style and titles
The royal style and titles of Her Majesty, for use in relation to New Zealand and all other territories for whose foreign relations Her Government in New Zealand is responsible, shall be— Elizabeth the Second, by the Grace of God Queen of New Zealand and Her Other Realms and Territories, Head of the Commonwealth, Defender of the Faith— instead of the style and titles at present appertaining to the Crown.
3: Application of Act to Niue,
1: This Act shall be in force in Niue and in
2: Whereas in accordance with Article 46 of the Constitution of the Cook Islands (as set out in Schedule 2 of the Cook Islands Constitution Amendment Act 1965) the Government of the Cook Islands has requested and consented to the enactment of a provision extending the provisions of this Act to the Cook Islands as part of the law of the Cook Islands: Be it therefore enacted as follows: This Act shall extend to the Cook Islands as part of the law of the Cook Islands. Section 3 heading amended 9 December 1976 section 3(8) Tokelau Amendment Act 1976 Section 3(1) amended 9 December 1976 section 3(8) Tokelau Amendment Act 1976
4: Repeal
The Royal Titles Act 1953 is hereby consequentially repealed. |
DLM412763 | 1974 | Time Act 1974 | 1: Short Title
This Act may be cited as the Time Act 1974.
2: New Zealand standard time
For the purposes of this Act, and any other Act, the expression New Zealand standard time Section 2 replaced 30 March 1987 Time Amendment Act 1987
3: Time for general purposes
Except as provided in section 4
a: the time for general purposes in New Zealand, except for the Chatham Islands, shall be New Zealand standard time; and
b: the time for general purposes in the Chatham Islands shall be 45 minutes in advance of New Zealand standard time.
4: New Zealand daylight time
1: The Governor-General may from time to time, by Order in Council, declare that for such period or periods as may be prescribed in the Order in Council—
a: the time for general purposes in New Zealand, except for the Chatham Islands, shall be 1 hour in advance of New Zealand standard time; and
b: the time for general purposes in the Chatham Islands shall be 1 hour and 45 minutes in advance of New Zealand standard time.
2: Any period prescribed in any Order in Council made under subsection (1) shall commence at 2 am New Zealand standard time on the day, being a Sunday, specified in the Order in Council, and shall cease at 2 am New Zealand standard time on the day, being a Sunday, specified in the Order in Council or in any subsequent Order in Council.
3: During any period that the time for general purposes in New Zealand is determined under the foregoing provisions of this section, that time shall be known as New Zealand daylight time.
4: An order under this section is secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 4(4) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
5: Effect of commencement and cessation of New Zealand daylight time on pay and allowances
1: Where, by reason of the commencement of New Zealand daylight time on the day specified in any Order in Council made under subsection (1) of section 4
2: Where, by reason of the cessation of New Zealand daylight time on the day specified in any Order in Council made under subsection (1) of section 4
6: Reference to point of time in
legislation and other documents Wherever any reference to a point of time occurs in any legislation, or in any other document whatsoever, section 3 section 4 Section 6 amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 6 amended 28 October 2021 section 3 Secondary Legislation Act 2021
7: Repeals
The Standard Time Act 1945 and the Standard Time Amendment Act 1956 are hereby repealed. |
DLM425903 | 1974 | Cook Islands Amendment Act 1974 | 1: Short Title
This Act may be cited as the Cook Islands Amendment Act 1974, and shall be read together with and deemed part of the Cook Islands Act 1915
2: Administration of principal Act
1:
2:
3: The following enactments are hereby consequentially repealed:
a: Section 8(2) of the Maori and Island Affairs Department Act 1968
b: So much of the Schedule to that Act as relates to the principal Act
4: Every reference in any enactment relating to the Cook Islands, or in any regulation, rule, order, agreement, deed, instrument, application, notice, licence, or other document whatsoever made pursuant to the principal Act or relating to the Cook Islands and in force at the passing of this Act shall, unless the context otherwise requires,—
a: In the case of a reference to the Minister of Island Affairs, be read after the passing of this Act as a reference to the Minister of Foreign Affairs:
b: In the case of a reference to the Secretary for Maori and Island Affairs, be read after the passing of this Act as a reference to the Secretary of Foreign Affairs:
c: In the case of a reference to the Department of Maori and Island Affairs, be read after the passing of this Act as a reference to the Ministry of Foreign Affairs. |
DLM425917 | 1974 | Summary Proceedings Amendment Act 1974 | 1: Short Title
This Act may be cited as the Summary Proceedings Amendment Act 1974, and shall be read together with and deemed part of the Summary Proceedings Act 1957
2:
1: This subsection substituted section 1(2) and (3) section 1(4) of the Summary Proceedings Amendment Act 1973
2: Section 7 of the Summary Proceedings Amendment Act 1973 |
DLM411832 | 1974 | Housing Corporation Act 1974 | 1: Short Title and commencement
1: This Act may be cited as the Housing Corporation Act 1974.
2: This Act shall come into force on a date to be appointed by the Governor-General by Order in Council. Section 1(2) brought into force 14 October 1974 Housing Corporation Act Commencement Order 1974
1A: Purpose
The purpose of this Act is to—
a: establish a corporation to administer the Crown's housing operations; and
b: define its objectives, functions, powers, and duties. Section 1A inserted 1 July 2001 section 3 Housing Corporation Amendment Act 2001
2: Interpretation
In this Act, unless the context otherwise requires,— annual financial statements section 154 approved securities
a: the bonds, stock, debentures, funds, or other securities of the Government of New Zealand; or
b: any other securities that are for the time being approved by the Minister for the purposes of this Act Corporation section 3(1) Crown entity subsidiary the second column of section 7(1)(c) existing company
a: means HNZ or Community Housing Limited (a company that on the commencement of the Housing Corporation Amendment Act 2001 Companies Act 1993
b: includes any subsidiary (within the meaning of the Companies Act 1993 HNZ section 2(1) and Tenancy Matters land Minister of Finance of Housing Minister of Housing property and any security security solicitor Lawyers and Conveyancers Act 2006 statement of intent section 139 statement of performance expectations section 149C subsidiary Companies Act 1993 vesting day
a: in relation to an existing company or an asset or liability of an existing company, means the day on which the order under section 53
b: in relation to an asset or liability of the Crown, means the day on which an order under section 53 1965 No 47 s 2 Section 2 annual financial statements inserted 1 July 2014 section 72 Crown Entities Amendment Act 2013 Section 2 appointed member repealed 8 August 1991 section 2(1) Housing Corporation Amendment Act 1991 Section 2 committee repealed 25 January 2005 section 200 Crown Entities Act 2004 Section 2 Corporation replaced 1 July 2001 section 4 Housing Corporation Amendment Act 2001 Section 2 Crown entity subsidiary inserted 25 January 2005 section 200 Crown Entities Act 2004 Section 2 Crown entity subsidiary amended 18 July 2013 section 42 Crown Entities Amendment Act 2013 Section 2 Director-General repealed 1 May 1993 Housing Corporation Amendment Act 1992 Section 2 existing company inserted 1 July 2001 section 4 Housing Corporation Amendment Act 2001 Section 2 HNZ inserted 1 July 2001 section 4 Housing Corporation Amendment Act 2001 Section 2 HNZ amended 1 July 2006 section 5(2)(b) Housing Restructuring and Tenancy Matters (Information Matching) Amendment Act 2006 Section 2 land replaced 1 July 2001 section 4 Housing Corporation Amendment Act 2001 Section 2 Minister replaced 1 July 2001 section 4 Housing Corporation Amendment Act 2001 Section 2 Minister of Housing inserted 1 July 2001 section 4 Housing Corporation Amendment Act 2001 Section 2 property amended 8 August 1991 Housing Corporation Amendment Act 1991 Section 2 security inserted 8 August 1991 section 2(3) Housing Corporation Amendment Act 1991 Section 2 solicitor replaced 1 August 2008 section 348 Lawyers and Conveyancers Act 2006 Section 2 State Services Commissioner repealed 8 September 2018 section 59 Statutes Amendment Act 2018 Section 2 statement of intent inserted 1 July 2001 section 4 Housing Corporation Amendment Act 2001 Section 2 statement of intent amended 25 January 2005 section 200 Crown Entities Act 2004 Section 2 statement of performance expectations inserted 1 July 2014 section 72 Crown Entities Amendment Act 2013 Section 2 subsidiary inserted 1 July 2001 section 4 Housing Corporation Amendment Act 2001 Section 2 vesting day inserted 1 July 2001 section 4 Housing Corporation Amendment Act 2001
2A: Act binds the Crown
This Act binds the Crown. Section 2A inserted 25 February 2016 section 4 Housing Corporation (Social Housing Reform) Amendment Act 2016
1: Housing New Zealand Corporation Part 1 heading amended 1 July 2001 section 5(3) Housing Corporation Amendment Act 2001
3: Establishment of Corporation
1: There is hereby established Housing New Zealand Corporation
2: The Corporation is a Crown entity for the purposes of section 7
2A:
3: The Crown Entities Act 2004
5: 1965 No 47 ss 3(1), (2) 4(1), (7) Section 3(1) amended 1 July 2001 section 5(1) Housing Corporation Amendment Act 2001 Section 3(2) replaced 25 January 2005 section 200 Crown Entities Act 2004 Section 3(2A) repealed 1 July 2001 section 5(2) Housing Corporation Amendment Act 2001 Section 3(3) replaced 25 January 2005 section 200 Crown Entities Act 2004 Section 3(5) repealed 25 January 2005 section 200 Crown Entities Act 2004
3AA: Membership of Corporation
1: The Corporation must have at least 2, but no more than 8, members appointed under section 28(1)(a)
2: A person who is employed by a department of State responsible for advising the Minister on the Corporation's performance is disqualified from being a member.
3: Subsection (2) does not limit section 30
4: Members of the Corporation are the board for the purposes of the Crown Entities Act 2004 Section 3AA inserted 25 January 2005 section 200 Crown Entities Act 2004
3A: Corporation to have Tenancy Bond Division
Section 3A repealed 18 August 1992 Housing Corporation Amendment Act 1992
3B: Objectives of Corporation
The Corporation's objectives are—
a: to give effect to the Crown's social objectives by providing housing, and services related to housing, in a businesslike manner, and to that end to be an organisation that—
i: exhibits a sense of social responsibility by having regard to the interests of the community in which it operates; and
ii: exhibits a sense of environmental responsibility by having regard to the environmental implications of its operations; and
iii: operates with good financial oversight and stewardship, and efficiently and effectively manages its assets and liabilities and the Crown's investment
b: but see section 50J Part 5A
c: Section 3B inserted 1 July 2001 section 6 Housing Corporation Amendment Act 2001 Section 3B(a)(iii) amended 28 May 2015 section 4(1) Housing Corporation (Social Housing Reform) Amendment Act 2015 Section 3B(b) inserted 25 February 2016 section 5 Housing Corporation (Social Housing Reform) Amendment Act 2016 Section 3B(c) repealed 6 August 2010 section 6(2)(b) Affordable Housing: Enabling Territorial Authorities Act Repeal Act 2010
3C: Communication of the Crown's social objectives
1: To enable the Corporation to achieve the objective stated in section 3B(a) or review 3 months
2: Each of the Corporation's statements of performance expectations
a: the objectives most recently notified by the Minister; and
b: the steps that the group comprising the Corporation and any Crown entity
3: Nothing in subsections (1) and (2) limits or affects sections 141 149E section 20 Section 3C inserted 1 July 2001 section 6 Housing Corporation Amendment Act 2001 Section 3C(1) amended 18 July 2013 section 42 Crown Entities Amendment Act 2013 Section 3C(2) amended 1 July 2014 section 72 Crown Entities Amendment Act 2013 Section 3C(2)(b) amended 25 January 2005 section 200 Crown Entities Act 2004 Section 3C(3) amended 1 July 2014 section 72 Crown Entities Amendment Act 2013 Section 3C(3) amended 25 January 2005 section 200 Crown Entities Act 2004
3D: Other provisions relating to Corporation
Schedule 1A Section 3D inserted 1 July 2001 section 6 Housing Corporation Amendment Act 2001
4: Offices of Corporation
Section 4 repealed 25 January 2005 section 200 Crown Entities Act 2004
5: Director-General of Corporation
Section 5 repealed 1 May 1993 Housing Corporation Amendment Act 1992
6: Deputies
Section 6 repealed 19 December 1989 section 32(1) State Sector Amendment Act (No 2) 1989
7: Members to hold office during pleasure
Section 7 repealed 1 July 2001 section 25(1)(b) Housing Corporation Amendment Act 2001
8: Disqualification of members
Section 8 repealed 1 July 2001 section 25(1)(b) Housing Corporation Amendment Act 2001
9: Vacancies
Section 9 repealed 1 July 2001 section 25(1)(b) Housing Corporation Amendment Act 2001
10: Meetings of Corporation
Section 10 repealed 1 July 2001 section 25(1)(b) Housing Corporation Amendment Act 2001
11: Disclosure of interests
Section 11 repealed 1 July 2001 section 25(1)(b) Housing Corporation Amendment Act 2001
12: Remuneration of members
Section 12 repealed 1 July 2001 section 25(1)(b) Housing Corporation Amendment Act 2001
13: Employees
Section 13 repealed 1 July 2001 section 25(1)(b) Housing Corporation Amendment Act 2001
14: Contracts of Corporation
Section 14 repealed 1 July 2001 section 25(1)(b) Housing Corporation Amendment Act 2001
15: Execution of documents on behalf of Corporation
Section 15 repealed 1 July 2001 section 25(1)(b) Housing Corporation Amendment Act 2001
16: Committees
Section 16 repealed 1 July 2001 section 25(1)(b) Housing Corporation Amendment Act 2001
17: Delegation of functions or powers of Corporation
Section 17 repealed 1 July 2001 section 25(1)(b) Housing Corporation Amendment Act 2001
2: Functions and powers of Corporation
18: Functions of Corporation
1: The Corporation's principal function is to achieve its objectives.
2: The Corporation's functions include—
a: providing rental housing, principally for those who need it most:
b: providing appropriate accommodation, including housing, for community organisations (in particular for community organisations that provide residential support services for people with special needs):
c: lending for housing purposes, and providing other help relating to housing:
d: giving people (in particular people on low or modest incomes who wish to own their own homes) help and advice on matters relating to housing or services related to housing:
e: undertaking housing and other development and renewal, whether on its own account or on behalf of other persons:
f: acquiring and developing land for housing or other development and renewal, whether by—
i: providing housing amenities, facilities, services, or works; or
ii: providing commercial or industrial amenities, facilities, services, or works; or
iii: providing related amenities, facilities, services, or works; or
iv: doing any other thing:
g: selling, leasing, disposing of, managing, or otherwise dealing with land, whether in the course of housing or other development and renewal or otherwise:
h: providing housing or services related to housing as agent for departments of State or Crown entities:
i: taking action, in relation to or in connection with the provision of housing or services related to housing, provided for in—
i: the Corporation's current statement of intent; or
ii: a notice or agreement under section 20
iii: a plan under section 20A
j: conducting research into, and monitoring trends in, housing and services related to housing (but not for the purpose of advising the Minister of Housing on those matters)
k:
l: any other functions conferred on it by this Act or any other enactment.
3: In performing any of its functions, the Corporation may consult any person or organisation whose views or knowledge it believes will enhance its performance of the function.
4: Subsection (2) does not limit subsection (1). Section 18 replaced 1 July 2001 section 7 Housing Corporation Amendment Act 2001 Section 18(2)(j) amended 28 May 2015 section 5(1) Housing Corporation (Social Housing Reform) Amendment Act 2015 Section 18(2)(k) repealed 28 May 2015 section 5(2) Housing Corporation (Social Housing Reform) Amendment Act 2015
19: Powers of Corporation
1:
1A: The Corporation may take any action in the performance of its functions or achievement of its objectives jointly, or in conjunction, with—
a: a local authority; or
b: any other person or organisation that provides housing without having profit or gain as its principal motive; or
c: any other person or organisation.
1B: Subsection (1A) does not limit section 17
2:
3: Nothing in this section or in section 18
4: Without limiting section 17
a: act as an agent for the Crown, or for any Government department, or for any other person or body, and in return for such services charge any fees or other remuneration that may be agreed on between the Corporation and the principal; and
b:
c: acting through a solicitor, or through a person acting under the supervision of a solicitor, draw or prepare for or on behalf of any other person—
i: any conveyance within the meaning of the Property Law Act 2007
ii: any deed within the meaning of the Property Law Act 2007
iii: any tenancy agreement or lease, or any agreement evidencing any tenancy or lease— and may provide any legal advice or legal services attendant upon any such work, and in return for such work, advice, or services may charge any fees or other remuneration that may be agreed on between the Corporation and the person for or on behalf of whom it is acting.
5: The Corporation, in acting for any principal, may with the agreement and on behalf of the principal make any investment in the name of the Corporation.
6: 1965 No 47 ss 16 22 Section 19(1) repealed 25 January 2005 section 200 Crown Entities Act 2004 Section 19(1A) inserted 1 July 2001 section 8(1) Housing Corporation Amendment Act 2001 Section 19(1B) inserted 25 January 2005 section 200 Crown Entities Act 2004 Section 19(2) repealed 1 July 2001 section 8(1) Housing Corporation Amendment Act 2001 Section 19(4) amended 25 January 2005 section 200 Crown Entities Act 2004 Section 19(4)(b) repealed 25 January 2005 section 200 Crown Entities Act 2004 Section 19(4)(c) inserted 29 April 1987 Housing Corporation Amendment Act 1987 Section 19(4)(c)(i) amended 1 January 2008 section 364(1) Property Law Act 2007 Section 19(4)(c)(ii) amended 1 January 2008 section 364(1) Property Law Act 2007 Section 19(6) repealed 25 January 2005 section 200 Crown Entities Act 2004
19A: Corporation may sell or dispose of all or part of its property
Section 19A repealed 1 July 2001 section 9 Housing Corporation Amendment Act 2001
19B: Validity of transactions
Section 19B repealed 25 January 2005 section 200 Crown Entities Act 2004
19C: Ministerial reviews
Section 19C repealed 25 January 2005 section 200 Crown Entities Act 2004
20: Corporation to give effect to government policy
1: The Minister may require the Corporation to give effect to the policy of the Government, by—
a: giving the Corporation a direction under section 103
b: giving the Corporation a direction
2:
3:
4: Section 20 replaced 1 July 2001 section 10 Housing Corporation Amendment Act 2001 Section 20(1)(a) amended 25 January 2005 section 200 Crown Entities Act 2004 Section 20(1)(b) amended 25 January 2005 section 200 Crown Entities Act 2004 Section 20(2) repealed 25 January 2005 section 200 Crown Entities Act 2004 Section 20(3) repealed 25 January 2005 section 200 Crown Entities Act 2004 Section 20(4) repealed 25 January 2005 section 200 Crown Entities Act 2004
20A: Other provisions relating to
directions
1: Sections 114 115 section 20
2: When complying with section 115(2) section 20(1)(b) Gazette
3: The Corporation must prepare, and give to the Minister for approval a draft plan stating how it proposes to give effect to the policy of the Government if,—
a: pursuant to a direction section 20
b: the Minister directs the Corporation to give effect to a government policy under section 103
4: Within 12 sitting days after approving a draft plan given under subsection (3), the Minister must present a copy of the approved plan to the House of Representatives. Section 20A inserted 1 July 2001 section 10 Housing Corporation Amendment Act 2001 Section 20A amended 25 January 2005 section 200 Crown Entities Act 2004 Section 20A(1) replaced 25 January 2005 section 200 Crown Entities Act 2004 Section 20A(2) replaced 25 January 2005 section 200 Crown Entities Act 2004 Section 20A(3)(a) amended 25 January 2005 section 200 Crown Entities Act 2004 Section 20A(3)(b) replaced 25 January 2005 section 200 Crown Entities Act 2004
20B: Compensation of Corporation for providing certain services
1: If under section 20
a: the Crown must pay to the Corporation all or part of that price (as the case requires); and
b: if the policy is for the Corporation to provide housing and related services to persons who are to be required to pay income-related rents rather than market rents for the housing, the notice or agreement concerned must state that the housing and related services are to be provided in return for the payment by the Crown to the Corporation of either—
i: the difference between the amounts of market rents for the housing and the income-related rents charged; or
ii: an alternative price, set out in that notice or agreement, that has been agreed to by the Corporation.
2: If, because its statement of intent requires it to do so, the Corporation provides services that it cannot provide on normal business terms, the Crown may wholly or partly recompense it for doing so.
3: In subsection (1)(b), income-related rents market rents section 2(1) and Tenancy Matters
4: After the vesting day in relation to HNZ, every agreement between the Crown and HNZ entered into by virtue of a requirement under section 7 and Tenancy Matters section 85 direction under section 20(1)(b)
5: Nothing in this section limits or affects the generality of section 20 Section 20B inserted 1 July 2001 section 10 Housing Corporation Amendment Act 2001 Section 20B(1)(b) replaced 28 May 2015 section 15(2) Housing Restructuring and Tenancy Matters (Social Housing Reform) Amendment Act 2015 Section 20B(3) amended 14 April 2014 section 25 Social Housing Reform (Housing Restructuring and Tenancy Matters Amendment) Act 2013 Section 20B(3) amended 1 July 2006 section 5(2)(b) Housing Restructuring and Tenancy Matters (Information Matching) Amendment Act 2006 Section 20B(4) amended 14 April 2014 section 25 Social Housing Reform (Housing Restructuring and Tenancy Matters Amendment) Act 2013 Section 20B(4) amended 1 July 2006 section 5(2)(b) Housing Restructuring and Tenancy Matters (Information Matching) Amendment Act 2006 Section 20B(4) amended 25 January 2005 section 200 Crown Entities Act 2004
20C: Application of sections 20 to 20B to subsidiaries
Sections 20 to 20B Crown entity subsidiaries of the Corporation Crown entity subsidiary of the Corporation Section 20C inserted 1 July 2001 section 10 Housing Corporation Amendment Act 2001 Section 20C amended 25 January 2005 section 200 Crown Entities Act 2004
21: Loans to local authorities for housing purposes
1: The Corporation may from time to time make loans to local authorities for housing purposes.
2: Any loan made to a local authority by the Corporation under this section may be made either out of money received by the Corporation under subsection (1) of section 32
3: In this section, local authority Local Government Act 2002 1965 No 47 s 18 Section 21(3) replaced 1 July 2003 section 262 Local Government Act 2002
22: Loans for industry and other purposes
Section 22 repealed 18 August 1992 Housing Corporation Amendment Act 1992
23: Guarantees and indemnities
Section 23 repealed 18 August 1992 Housing Corporation Amendment Act 1992
23A: Guarantees and indemnities under Residential Tenancies Act 1986
Section 23A repealed 18 August 1992 Housing Corporation Amendment Act 1992
24: Loans, guarantees, and indemnities at request of Minister of Finance
1: The Minister of Finance may from time to time in writing request the Corporation under this section to make any loan or expend any money or give any guarantee or indemnity, for any purpose specified in this Act, on such conditions as the Minister of Finance may specify.
2: Where the Corporation makes any loan or expends any money or gives any guarantee or indemnity pursuant to a request by the Minister of Finance under subsection (1), and in accordance with the conditions specified by the Minister of Finance under that subsection, the Corporation shall be deemed to be guaranteed by the Minister of Finance in respect of any loss that may be incurred by the Corporation arising out of the loan, expenditure, guarantee, or indemnity; and any money payable to the Corporation by the Minister of Finance pursuant to any such guarantee in favour of the Corporation shall be paid to the Corporation from a Crown Bank Account Section 24(2) amended 25 January 2005 section 83(7) Public Finance Act 1989
3: Securities for loans
25: Securities
Section 25 repealed 1 July 2001 section 12 Housing Corporation Amendment Act 2001
26: Mortgages of leasehold interests
1: Where a registered leasehold interest in land is subject to any mortgage under which the Corporation is the mortgagee, the mortgage shall be deemed to extend to and include the mortgagor's interest in any registered lease that may be granted to him in renewal of the mortgaged lease, or otherwise in lieu of the mortgaged lease.
2: In this section— Corporation mortgage registered Land Transfer Act 2017 1965 No 47 s 24 Section 26(2) Corporation inserted 8 August 1991 section 9 Housing Corporation Amendment Act 1991 Section 26(2) registered amended 12 November 2018 section 250 Land Transfer Act 2017
27: Special provisions as to mortgages of leasehold interests in Crown land or certain classes of Maori land
1: This section applies to any mortgage under which the Corporation is the mortgagee for the time being and which is a mortgage of the mortgagor's interest in—
a: any lease of any Crown land or of any other land vested in Her Majesty; or
b: any lease of land that is subject to the Maori Vested Lands Administration Act 1954 Maori Reserved Land Act 1955
c: any lease to which section 57
2: In this section— Corporation lease leasing authority Māori Trustee
3: Except with the consent of the Corporation, and on such terms as it thinks fit, it shall not be lawful for any leasing authority to forfeit or cancel the mortgagor's interest in any lease for breach of the conditions, or to accept any surrender thereof, or to cancel the mortgagor's right to compensation for or valuation of improvements, without giving to the Corporation at least 3 months' previous notice in writing of its intention so to do.
4: Notwithstanding such forfeiture, cancellation, or surrender, the mortgage to the Corporation shall, by virtue of this section, be deemed to be a first charge on the improvements then existing on the land for all money payable in respect thereof by any incoming tenant or occupier of the land (to the extent to which the mortgagor would have had interest therein if his title to the land had been lawfully determined otherwise than by forfeiture, cancellation, or surrender), and such money shall be paid to the Corporation accordingly: provided that the Corporation may accept from such incoming tenant or occupier a mortgage of his estate and interest in the land in lieu of cash, and any restrictions imposed by any Act on the right of the tenant to mortgage or assign his interest shall not apply in the case of a mortgage granted under this subsection.
5: If, in the event of such forfeiture, cancellation, or surrender, the Corporation and the leasing authority are unable to agree as to the value of the mortgagor's interest in the improvements, such value shall be determined by arbitration.
6: In the event of the Corporation, as mortgagee in possession, granting a lease or other tenancy of the land, or of any part of the land (which it is hereby empowered to do without the consent of the leasing authority), then, for the purpose of preventing forfeiture or cancellation of the mortgagor's title for breach of conditions, but for no other purpose, fulfilment of conditions by the person in actual possession under such lease or other tenancy shall be considered as fulfilment by the mortgagor: provided that, in the case of any land administered by the Land Settlement Board, the grant of a lease by the Corporation shall be subject to the approval of the Minister of Lands and in the case of any land administered by the Māori Trustee
7: Where the Corporation as mortgagee in possession of any land grants a lease or other tenancy of the land in accordance with subsection (6), the rent received by the Corporation shall be apportioned between the Corporation and the leasing authority in proportion to the values of the capital interests in the land of the Corporation and the leasing authority (as representing the Crown or other owner of the land) or in such other proportions as may be mutually agreed to between the Corporation and the leasing authority. Any rent or other revenue that may be received by the leasing authority in respect of a temporary lease or licence granted after the cancellation, forfeiture, or surrender of the mortgagor's title shall be similarly apportioned between the leasing authority and the Corporation.
8: If the Corporation sells the security in exercise of its powers of sale, any restrictions imposed by any Act on the right of lessee or licensee to mortgage or assign his interest in the land shall not apply with respect to the sale to the purchaser, nor shall any such restrictions apply with respect to the mortgage by the purchaser of his estate or interest in the land to the Corporation to secure the whole or any part of the purchase money.
9: Any sale by the Corporation in the exercise of its powers of sale may be by public auction or private contract, as the Corporation in its discretion thinks fit, and in the case of sale by private contract advertising shall not be necessary: provided that in the case of any land administered by the Land Settlement Board the sale shall be subject to the approval of the Minister of Lands.
10: Notwithstanding anything to the contrary in any other Act, the power of sale shall be deemed to arise and accrue and may, without the consent of the leasing authority, be exercised by the Corporation at any time after the expiration of the period limited in that behalf by the mortgage. 1965 No 47 s 25 Section 27(2) Corporation inserted 8 August 1991 section 10 Housing Corporation Amendment Act 1991 Section 27(2) Corporation amended 1 July 2009 section 30(2)(a) Māori Trustee Amendment Act 2009 Section 27(6) proviso amended 1 July 2009 section 30(2)(a) Māori Trustee Amendment Act 2009
28: Repayment of loans
Section 28 repealed 1 July 2001 section 25(1)(b) Housing Corporation Amendment Act 2001
29: Borrowers to contribute to
Corporation's funds
1: Every person who receives from the Corporation a loan of money (except a loan made pursuant to section 24 Corporation's funds
2: Any sum payable pursuant to subsection (1) to the Corporation's funds 1965 No 47 s 27 s 3 Section 29 amended 1 July 2001 section 11(2) Housing Corporation Amendment Act 2001 Section 29(1) amended 1 July 2001 section 11(1) Housing Corporation Amendment Act 2001 Section 29(2) amended 1 July 2001 section 11(1) Housing Corporation Amendment Act 2001
4: Financial provisions
30: Borrowing powers of Corporation and subsidiaries
Section 30 repealed 1 July 2014 section 72 Crown Entities Amendment Act 2013
30AA: Loans deemed to have been lawfully raised
So far as concerns any lender or holder,—
a: all money borrowed by the Corporation or a Crown entity subpart 3
b: all securities and charges issued, granted, or varied by the Corporation or a Crown entity subpart 3
c: the following must for all purposes be treated as having been undertaken in accordance with subpart 3
i: all actions taken by the Corporation or a Crown entity
ii: all actions taken by the Corporation or a Crown entity
d: the lender or holder does not have to inquire whether, or to what extent, authority has been given under that Act Section 30AA inserted 1 July 2001 section 13 Housing Corporation Amendment Act 2001 Section 30AA(a) amended 1 July 2014 section 72 Crown Entities Amendment Act 2013 Section 30AA(a) amended 25 January 2005 section 200 Crown Entities Act 2004 Section 30AA(b) amended 1 July 2014 section 72 Crown Entities Amendment Act 2013 Section 30AA(b) amended 25 January 2005 section 200 Crown Entities Act 2004 Section 30AA(c) amended 1 July 2014 section 72 Crown Entities Amendment Act 2013 Section 30AA(c) amended 25 January 2005 section 200 Crown Entities Act 2004 Section 30AA(c)(i) amended 25 January 2005 section 200 Crown Entities Act 2004 Section 30AA(c)(ii) amended 25 January 2005 section 200 Crown Entities Act 2004 Section 30AA(d) amended 25 January 2005 section 200 Crown Entities Act 2004
30A: Power to enter into swaps or other financial arrangements
Section 30A repealed 1 July 2001 section 25(1)(b) Housing Corporation Amendment Act 2001
31: Securities issued by Corporation to be guaranteed by Crown
1: All bonds, stock, and other securities issued by the Corporation before the commencement of the Housing Corporation Amendment Act 2001 section 49
2: If any default is made by the Corporation in the payment of any principal or interest payable by it in respect of any bonds, stock, or other securities referred to in subsection (1), such principal or interest, as the case may be, shall forthwith be paid by the Minister of Finance out of a Crown Bank Account
3: All money paid by the Minister of Finance under the authority of this section on account of any bonds, stock, or other securities shall constitute a debt due by the Corporation to the Crown, and shall be recoverable accordingly. 1965 No 47 s 29 Section 31(1) amended 1 July 2001 section 14 Housing Corporation Amendment Act 2001 Section 31(2) amended 25 January 2005 section 83(7) Public Finance Act 1989
32: Investments in securities issued by Corporation
Section 32 repealed 1 October 1988 section 16(1) Trustee Amendment Act 1988
33: Corporation may borrow money on hypothecation of securities
Section 33 repealed 1 July 2001 section 15 Housing Corporation Amendment Act 2001
34: Registration of stock
Section 34 repealed 1 July 2001 section 15 Housing Corporation Amendment Act 2001
35: Advances from
Crown Bank Account Section 35 repealed 1 July 2001 section 15 Housing Corporation Amendment Act 2001
36: General Reserve Fund
Section 36 repealed 1 July 2001 section 15 Housing Corporation Amendment Act 2001
37: Corporation to maintain approved securities on account of General Reserve Fund
Section 37 repealed 1 July 2001 section 15 Housing Corporation Amendment Act 2001
38: Financial year
Section 38 repealed 25 January 2005 section 200 Crown Entities Act 2004
39: Unauthorised expenditure
Section 39 repealed 1 July 2001 section 15 Housing Corporation Amendment Act 2001
40: Distribution of profits
1: The Corporation must pay its surplus for each financial year into a Crown bank account
2: In subsection (1), surplus statement of performance expectations and annual financial statements Section 40 replaced 1 July 2001 section 16 Housing Corporation Amendment Act 2001 Section 40(1) amended 25 January 2005 section 65R(3) Public Finance Act 1989 Section 40(2) amended 1 July 2014 section 72 Crown Entities Amendment Act 2013
41: Audit of accounts
Section 41 repealed 21 December 1992 section 42 Public Finance Amendment Act 1992
41A: Crown entity
Section 41A repealed 1 July 2001 section 25(1)(b) Housing Corporation Amendment Act 2001
42: Annual report
Section 42 repealed 25 January 2005 section 200 Crown Entities Act 2004
5: General provisions
43: Protection of name of Corporation
1: No company or other body corporate may be incorporated or registered under any enactment in New Zealand under—
a: the name Housing Corporation of New Zealand; or
b: the name Housing New Zealand Corporation; or
c: any other name that in the opinion of the Registrar of Companies so resembles either of those names as to be calculated to deceive.
2: No person other than the Corporation may (alone or with any other person or persons) trade or carry on business under, or in any other way use as the name or description of an unincorporated body or organisation,—
a: the name Housing Corporation of New Zealand; or
b: the name Housing New Zealand Corporation; or
c: any other name so resembling either of those names as to be calculated to deceive.
2A: Subsections (1) and (2) do not prevent HNZ from continuing to use the name Housing New Zealand.
3: Any person who contravenes subsection (2) commits an offence and shall be liable on 1965 No 47 s 40 Section 43(1) replaced 1 July 2001 section 18(1) Housing Corporation Amendment Act 2001 Section 43(2) replaced 1 July 2001 section 18(1) Housing Corporation Amendment Act 2001 Section 43(2A) inserted 1 July 2001 section 18(2) Housing Corporation Amendment Act 2001 Section 43(3) amended 1 July 2013 section 413 Criminal Procedure Act 2011
43A: Conveyancing
1: Where, pursuant to paragraph (c) of section 19(4) client any employee of the Corporation
2: Nothing in subsection (1) shall affect the right of the solicitor to act for the Corporation or any other person as well as the client.
3:
4: If, as a result of anything done or omitted to be done by the Corporation in the exercise of any of its powers under section 19(4)(c)
5: Nothing in sections 21 22 24 section 19(4)(c)
6: Notwithstanding anything in section 9 section 19(4)(c)
7: No solicitor employed, engaged, or instructed by the Corporation shall be personally liable for any act done or default made in good faith by the solicitor while acting for the Corporation in the exercise or purported exercise by the Corporation of any of its powers under section 19(4)(c) Section 43A inserted 29 April 1987 Housing Corporation Amendment Act 1987 Section 43A(1) amended 1 May 1993 Housing Corporation Amendment Act 1992 Section 43A(3) repealed 1 July 2001 section 25(1)(b) Housing Corporation Amendment Act 2001 Section 43A(5) amended 1 August 2008 section 348 Lawyers and Conveyancers Act 2006 Section 43A(6) amended 1 August 2008 section 348 Lawyers and Conveyancers Act 2006
44: Prohibition of procuration fees
Section 44 repealed 1 July 2001 section 19 Housing Corporation Amendment Act 2001
45: Corporation's liability for taxes and rates
The Corporation shall be liable for taxes and rates to the same extent as if it were a company incorporated under the Companies Act 1993 1965 No 47 s 43 Section 45 amended 1 July 2001 section 20 Housing Corporation Amendment Act 2001
46: Members not Crown servants
Section 46 repealed 25 January 2005 section 200 Crown Entities Act 2004
47: Personal liability of members
Section 47 repealed 1 July 2001 section 25(1)(b) Housing Corporation Amendment Act 2001
48: Regulations
The Governor-General may from time to time, by Order in Council, make regulations for all or any of the following purposes:
a: prescribing forms of mortgage or other securities given in favour of the Corporation:
b: providing for such matters as are contemplated by or are necessary for giving full effect to the provisions of this Act and for its due administration. 1965 No 47 s 44
49: Corporation to succeed State Advances Corporation
1: The Corporation State Advances Corporation Act 1965
2: On the commencement of this Act,—
a: every director of the State Advances Corporation shall retire from office; and
b: all real and personal property that immediately before the commencement of this Act was vested in the State Advances Corporation shall, without conveyance, transfer, or assignment, vest in the Corporation
c: all the contracts, debts, and liabilities of the State Advances Corporation immediately before the commencement of this Act (including every guarantee and indemnity continuing to have effect, immediately before the commencement of this Act, under subsection (3) of section 2 of the State Advances Corporation Amendment Act 1970 Corporation
3: The Registrar-General of Land must, on written application by the Corporation, register it as the owner of any estate or interest that is registered under the Land Transfer Act 2017
4: In the financial year ending with 31 March 1975, the Corporation sections 41 42 Corporation Section 49(1) amended 1 July 2001 section 24(2) Housing Corporation Amendment Act 2001 Section 49(2)(b) amended 1 July 2001 section 24(2) Housing Corporation Amendment Act 2001 Section 49(2)(c) amended 1 July 2001 section 24(2) Housing Corporation Amendment Act 2001 Section 49(3) replaced 12 November 2018 section 250 Land Transfer Act 2017 Section 49(4) amended 1 July 2001 section 24(2) Housing Corporation Amendment Act 2001
49A: References to Housing Corporation of New Zealand
Every reference to the Corporation under its former name of the Housing Corporation of New Zealand in any enactment, agreement, contract, deed, or other document enacted, entered into, or created before 1 July 2001 must be read as a reference to the Corporation under its present name. Section 49A inserted 1 July 2001 section 21 Housing Corporation Amendment Act 2001
50: Amendments to other enactments, repeals, and savings
1: The enactments specified in Schedule 1
2: The enactments specified in Schedule 2
3: Subject to the other provisions of this Act, and unless in any case the context otherwise requires, every reference in any enactment, regulation, rule, order, agreement, deed, instrument, application, notice, licence, or other document whatsoever, in force at the commencement of this Act,—
a: to the State Advances Corporation of New Zealand shall hereafter be read as a reference to the Corporation
b: to the Managing Director or General Manager of the State Advances Corporation of New Zealand shall hereafter be read as a reference to the person for the time being holding office as the chief executive (however designated) Corporation
4: Notwithstanding the repeal of the State Advances Corporation Act 1965 Corporation section 49 State Advances Corporation Act 1965 section 2 Section 50(3)(a) amended 1 July 2001 section 24(2) Housing Corporation Amendment Act 2001 Section 50(3)(b) amended 1 July 2001 Housing Corporation Amendment Act 2001 Section 50(3)(b) amended 1 May 1993 Housing Corporation Amendment Act 1992 Section 50(4) amended 1 July 2001 Housing Corporation Amendment Act 2001
5A: Social housing reform
Part 5A inserted 25 February 2016 section 6 Housing Corporation (Social Housing Reform) Amendment Act 2016 Purpose, overview, and interpretation Heading inserted 25 February 2016 section 6 Housing Corporation (Social Housing Reform) Amendment Act 2016
50A: Purpose of this Part
The purpose of this Part is to enable social housing transactions to be entered into and implemented. Section 50A inserted 25 February 2016 section 6 Housing Corporation (Social Housing Reform) Amendment Act 2016
50B: Overview of this Part
1: This Part—
a: gives powers to the Minister to enter into social housing transactions for and on behalf of the Corporation or subsidiary; and
b: provides for both the Minister and the Corporation to have a role in implementing social housing transactions; and
c: provides for other matters, such as delegation of the Minister’s powers, and provisions relating to liabilities.
2: Subsection (1) is only a guide to the general scheme and effect of this Part. Section 50B inserted 25 February 2016 section 6 Housing Corporation (Social Housing Reform) Amendment Act 2016
50C: Interpretation
In this Part, unless the context otherwise requires,— assets section 51 contract Corporation or subsidiary
a: the Corporation:
b: any 1 or more Crown entity subsidiary of the Corporation member Ministry person relevant board settled social housing reform objectives section 50D social housing transaction section 50E 50F transaction process transfer contract section 50E transferee transitional services contract section 50F Section 50C inserted 25 February 2016 section 6 Housing Corporation (Social Housing Reform) Amendment Act 2016 Entry into and implementation of social housing transactions Heading inserted 25 February 2016 section 6 Housing Corporation (Social Housing Reform) Amendment Act 2016
50D: Meaning and relevance of social housing reform objectives
1: The social housing reform objectives are any 1 or more of the following:
a: people who need housing support can access it and receive social services that meet their needs:
b: social housing is of the right size and configuration, and in the right areas, for households that need it:
c: social housing tenants are helped to independence, as appropriate:
d: there is more diverse ownership or provision of social housing:
e: there is more innovation and more responsiveness to social housing tenants and communities:
f: the supply of affordable housing is increased, especially in Auckland.
2: The social housing reform objectives are relevant to decisions by the Minister to enter into transfer contracts ( see section 50E Section 50D inserted 25 February 2016 section 6 Housing Corporation (Social Housing Reform) Amendment Act 2016
50E: Minister may enter into transfer contracts as Corporation or subsidiary
1: The Minister may enter into a contract, for and on behalf of the Corporation or subsidiary, that provides for either or both of the following (a transfer contract
a: the transfer of ownership of assets of the Corporation or subsidiary:
b: the grant of an interest in assets of the Corporation or subsidiary.
2: A transfer contract may be on any terms and conditions (including as to consideration) that the Minister may agree with the transferee. Section 50E inserted 25 February 2016 section 6 Housing Corporation (Social Housing Reform) Amendment Act 2016
50F: Minister may enter into transitional services contracts as Corporation or subsidiary
1: The Minister may enter into a contract, for and on behalf of the Corporation or subsidiary, that relates to any assets that are the subject of a transfer contract and that provides for either or both of the following (a transitional services contract
a: the provision of housing related services by the Corporation or subsidiary, to the transferee, on a transitional basis:
b: the provision of access to information and information technology systems and processes of the Corporation or subsidiary, to the transferee, on a transitional basis.
2: A transitional services contract may be on any terms and conditions (including as to consideration) that the Minister may agree with the transferee.
3: See section 50M Section 50F inserted 25 February 2016 section 6 Housing Corporation (Social Housing Reform) Amendment Act 2016
50G: Minister may do other things as Corporation or subsidiary relating to and to implement social housing transactions
The Minister may, for and on behalf of the Corporation or subsidiary, do anything—
a: that the Minister considers necessary or desirable in relation to the negotiation of, or entry or potential entry into, a transfer contract or a transitional services contract:
b: to effect a transfer of assets or a grant of an interest in assets under a transfer contract:
c: that the Minister otherwise considers necessary or desirable for the implementation of a social housing transaction. Section 50G inserted 25 February 2016 section 6 Housing Corporation (Social Housing Reform) Amendment Act 2016
50H: Provisions applying to things Minister may do
1: In acting under section 50E 50F 50G
2: However, the Minister is not constrained by, and sections 50E to 50G
a: the objectives, functions, or powers of the Corporation or subsidiary:
b: the statement of intent or statement of performance expectations for the Corporation or subsidiary:
c: the constitution of any subsidiary:
d: the role, authority, powers, or duties of any relevant board:
e: anything to the contrary contained or implied in this Act, the Crown Entities Act 2004 Companies Act 1993
f: any rule of law to the contrary relating to capacity or validity of acts.
3: An act of the Minister in accordance with this Part binds the Corporation or subsidiary (regardless of the capacity of the entity or entities concerned). 1993 No 105 ss 16–17 181(2) ss 16–19 129(2) Section 50H inserted 25 February 2016 section 6 Housing Corporation (Social Housing Reform) Amendment Act 2016
50I: Application of Public Works Act 1981
1: Nothing in sections 40 to 42
2: Subsection (1) applies despite the powers exercised (and exercisable) by the Minister under this Part.
3: Nothing in subsection (1) limits section 27(4A) Section 50I inserted 25 February 2016 section 6 Housing Corporation (Social Housing Reform) Amendment Act 2016 Facilitation and implementation of social housing transactions Heading inserted 25 February 2016 section 6 Housing Corporation (Social Housing Reform) Amendment Act 2016
50J: Objectives of Corporation for this Part
1: The Corporation’s principal objectives for this Part are to facilitate the transaction processes and to facilitate and implement social housing transactions.
2: The Corporation’s principal objectives for this Part prevail over the Corporation’s other objectives. Section 50J inserted 25 February 2016 section 6 Housing Corporation (Social Housing Reform) Amendment Act 2016
50K: Functions of Corporation for this Part
1: Despite section 18(1)
2: The Corporation’s functions for this Part include—
a: performing social housing transactions:
b: taking action in relation to or in connection with social housing transactions (including action under or in relation to transfer contracts or transitional services contracts, and including action provided for in the Corporation’s current statement of intent or statement of performance expectations):
c: taking action in relation to or in connection with potential social housing transactions (including action provided for in the Corporation’s current statement of intent or statement of performance expectations):
d: any other functions conferred on it by this Part.
3: Subsection (2) does not limit subsection (1). Section 50K inserted 25 February 2016 section 6 Housing Corporation (Social Housing Reform) Amendment Act 2016 Miscellaneous Heading inserted 25 February 2016 section 6 Housing Corporation (Social Housing Reform) Amendment Act 2016
50L: Publication of social housing transaction
1: The Minister must, as soon as practicable after a social housing transaction is settled,—
a: publish a notice in the Gazette
b: present a copy of that notice to the House of Representatives.
2: The Ministry must,—
a: as soon as practicable after the Minister’s notice is published in the Gazette
b: ensure that the notice remains on the site and accessible to members of the public at all reasonable times. Section 50L inserted 25 February 2016 section 6 Housing Corporation (Social Housing Reform) Amendment Act 2016
50M: Minister must notify Corporation or subsidiary of intention to enter into transitional services contract
1: The Minister must give written notice to the Corporation or subsidiary, as relevant, of the Minister’s intention to enter into a transitional services contract, at least 5 working days before entering into the contract.
2: The notice must be accompanied by a copy of the proposed contract. Section 50M inserted 25 February 2016 section 6 Housing Corporation (Social Housing Reform) Amendment Act 2016
50N: Minister must notify Corporation or subsidiary of social housing transaction
1: The Minister must give written notice to the Corporation or subsidiary, as relevant, as soon as practicable after entering into a social housing transaction that is, or has become, unconditional.
2: The notice must be accompanied by—
a: the 1 or more contracts that give effect to the social housing transaction; and
b: a copy of any related documents (for example, any notices given); and
c: a description of the general nature of anything else done (or anticipated to be done) under section 50G Section 50N inserted 25 February 2016 section 6 Housing Corporation (Social Housing Reform) Amendment Act 2016
50O: Corporation or subsidiary must supply information
1: The Corporation or subsidiary must supply to the Minister any information requested in writing by the Minister to facilitate a transaction process, or to facilitate the implementation by the Minister of a social housing transaction.
2: Subsection (1) does not apply to the extent that the supply of the information would breach the information privacy principles set out in the Privacy Act 1993
3: The Corporation or subsidiary must supply the information as soon as practicable after receiving the Minister’s written request.
4: Section 178 Section 50O inserted 25 February 2016 section 6 Housing Corporation (Social Housing Reform) Amendment Act 2016
50P: Method of contracting
1: The Minister may enter into a contract or other enforceable obligation in accordance with this Part, for and on behalf of the Corporation or subsidiary, by signing under the name of the entity or entities concerned.
2: A contract or other enforceable obligation entered into by the Minister for and on behalf of the Corporation under subsection (1) is deemed to be entered into in accordance with section 127(2)
3: A contract or other enforceable obligation entered into by the Minister for and on behalf of a Crown entity subsidiary of the Corporation under subsection (1) is deemed to be entered into in accordance with section 180(1)(a) 1993 No 105 s 180 s 127 Section 50P inserted 25 February 2016 section 6 Housing Corporation (Social Housing Reform) Amendment Act 2016
50Q: Delegation
1: The Minister may delegate all or any of the Minister’s functions and powers under this Part to the chief executive of the Ministry.
2: Section 28(2) to (7) section 29
3: Section 41(2) and (5)
4: Every person purporting to act under this Part pursuant to any delegation under section 41
a: must produce evidence of his or her authority to do so if signing a document in the nature of a deed or if reasonably requested to do so; and
b: must otherwise, in the absence of proof to the contrary, be presumed to be acting in accordance with the terms of the delegation.
5: This section applies despite any enactment or rule of law to the contrary. Section 50Q inserted 25 February 2016 section 6 Housing Corporation (Social Housing Reform) Amendment Act 2016 Legal effect Heading inserted 25 February 2016 section 6 Housing Corporation (Social Housing Reform) Amendment Act 2016
50R: Legal effect of things done by Minister
1: The Corporation or subsidiary is responsible and liable for anything done, or not done, under section 50E 50F 50G
2: Neither the Crown nor the Minister is responsible or liable to any person by reason of acting, or having not acted, under section 50E 50F 50G
3: In subsections (1) and (2), not acted
4: Anything done, or purported to be done, under section 50E 50F 50G
5: This section applies despite any enactment or rule of law to the contrary.
6: Nothing in this section affects the right of a person to apply, in accordance with the law, for judicial review. Section 50R inserted 25 February 2016 section 6 Housing Corporation (Social Housing Reform) Amendment Act 2016
50S: Protection from liability for board, members, individuals, etc
1: No relevant board or member, nor any office holder or employee of the Corporation or subsidiary, is liable to any person for—
a: a decision of the Minister under this Part; or
b: the exercise by the Minister of a power under section 50E 50F 50G
2: The effect of this Part must be taken into account in determining the nature of the duties of each relevant board and member in respect of acts or omissions under this Part (for example, under section 51 56 section 137
3: The benefit of the immunity in section 121
4: Section 138A(2)
5: A requirement to keep accounting records (for example, as in section 168(1)
6: This section applies despite any enactment or rule of law to the contrary. Section 50S inserted 25 February 2016 section 6 Housing Corporation (Social Housing Reform) Amendment Act 2016
6: Restructuring of housing entities
Part 6 inserted 1 July 2001 section 22 Housing Corporation Amendment Act 2001
51: Interpretation
In this Part, unless the context otherwise requires,— assets
a: choses in action and money:
b: goodwill:
c: rights, interests, and claims of every kind in or to property, whether arising from, accruing under, created or evidenced by, or the subject of, an instrument or otherwise, and whether liquidated or unliquidated, actual, contingent, or prospective liabilities rights Section 51 inserted 1 July 2001 section 22 Housing Corporation Amendment Act 2001 Housing New Zealand Limited to become subsidiary of Corporation Heading inserted 1 July 2001 section 22 Housing Corporation Amendment Act 2001
52: Vesting in Corporation of the Crown's shares in Housing New Zealand Limited
1: On the commencement of the Housing Corporation Amendment Act 2001
2: In subsection (1), company responsible Minister section 2(1) and Tenancy Matters Section 52 inserted 1 July 2001 section 22 Housing Corporation Amendment Act 2001 Section 52(2) amended 1 July 2006 section 5(2)(b) Housing Restructuring and Tenancy Matters (Information Matching) Amendment Act 2006 Transfer to Corporation of assets, functions, liabilities, and obligations of existing companies Heading inserted 1 July 2001 section 22 Housing Corporation Amendment Act 2001
53: Vesting orders
1: The Governor-General may, by Order in Council made on the recommendation of the Minister,—
a: vest in the Corporation—
i: all the assets and liabilities of an existing company; and
ii: any assets of the Crown used principally for the purpose of the Corporation or that existing company; and
iii: any liability of the Crown arising from the operations of the Corporation or that existing company; and
b: confer or impose rights or obligations on the Corporation in relation to any asset or liability vested; and
c: direct any person or authority to register, record, or take notice of any thing done by the order, the consequential effect of section 54
2: The Minister—
a: must not recommend the making of an order vesting all the assets and liabilities of an existing company in the Corporation without first considering—
i: the company's obligations to its creditors; and
ii: the likely effect of the vesting on those obligations; and
b: must not recommend the making of an order vesting any liability of the Crown in the Corporation unless satisfied that it was incurred in the process of or for the purposes of the performance of the functions of the Corporation or the existing company concerned; and
c: must not recommend the making of an order conferring or imposing a right or obligation on the Corporation in relation to any asset or liability unless satisfied that it is necessary or desirable to do so because of the vesting of the asset or liability in the Corporation. OIC Housing Restructuring and Tenancy Matters Act 1992 Sections 7 and 65 are repealed with effect on the day on which the order under section 53 of this principal Act relating to HNZ comes into force Section 53 inserted 1 July 2001 section 22 Housing Corporation Amendment Act 2001
54: Additional effects of orders
On and after the vesting day,—
a: every reference to the existing company concerned in any contract, lease, notice, order, proceedings, regulations, or other document has effect as a reference to the Corporation; and
b: to the extent that the order concerned vests an asset or liability of the Crown in the Corporation, every reference to the Crown (whether as Her Majesty, the Crown, or a Minister of the Crown) in any contract, lease, notice, order, proceedings, regulations, or other document relating to the asset or liability (being a reference to the Crown by virtue of its status as owning the asset or being liable for the liability) has effect as a reference to the Corporation; and
c: the Corporation has all the rights, obligations, privileges, and immunities of the existing company concerned (and of any officer or employee of that company acting as an officer or employee of that company), and all the rights, obligations, privileges, and immunities of the Crown as aforesaid (other than rights, obligations, privileges, and immunities that the Crown has only by virtue of being the Crown), in relation to all appeals, applications, objections, and other proceedings before any authority, court, tribunal, or person acting judicially, relating to any asset or liability vested by the order concerned. Section 54 inserted 1 July 2001 section 22 Housing Corporation Amendment Act 2001
55: Records and registers
1: Except as provided in section 53(1)(c)
2: An order under section 53 section 54
3: In the absence of evidence to the contrary, it is sufficient proof that any asset or liability is vested in the Corporation if a person presents to a registrar or any other person an instrument, whether or not comprising an instrument of transfer,—
a: executed or purporting to be executed by or on behalf of the Corporation; and
b: relating to any asset or liability held by an existing company or the Crown immediately before the vesting day; and
c: containing a recital that the asset or liability has vested in the Corporation under this Act. Section 55 inserted 1 July 2001 section 22 Housing Corporation Amendment Act 2001
56: Vesting to take effect as amalgamation for certain purposes
1: For the purposes of the Inland Revenue Acts (within the meaning of section 3(1)
a: the vesting of the assets and liabilities of an existing company under section 53
b: the Corporation must be treated as an amalgamated company; and
c: the company must be treated as an amalgamating company; and
d: the company must be treated as having ceased to exist on the vesting day.
2: If the assets and liabilities of an existing company vest in the Corporation under section 53
a: section FO 12(1)(b) and (d)
b: for the purposes of section FE 10
3:
4: Subsections (1) and (2) Companies Act 1993
5: Subsections (1) and (2) override section 45 Section 56 inserted 1 July 2001 section 22 Housing Corporation Amendment Act 2001 Section 56(2)(a) amended 1 April 2008 section ZA 2(1) Income Tax Act 2007 Section 56(3) repealed 1 April 2014 section 126 Financial Reporting (Amendments to Other Enactments) Act 2013 Section 56(4) amended 1 April 2014 section 126 Financial Reporting (Amendments to Other Enactments) Act 2013
57: Certain matters not affected by vesting
Nothing effected or authorised by this Part—
a: places the Crown, the Corporation (or any member), an existing company, or any other person in breach of, or default under, any contract, or in breach of trust, or in breach of confidence, or otherwise makes any of them guilty of a civil wrong; or
b: gives rise to a cause of action against the Crown, the Corporation or any member, an existing company, or any other person; or
c: gives rise to a right for any person to—
i: terminate or cancel or modify a contract or an agreement; or
ii: enforce or accelerate the performance of an obligation; or
iii: require the performance of an obligation not otherwise arising for performance; or
d: places the Crown, the Corporation (or any member), an existing company, or any other person in breach of any enactment or rule of law or contractual provision prohibiting, restricting, or regulating the assignment or transfer or issue of any asset or liability or the disclosure of any information; or
e: releases any surety wholly or in part from all or any obligation; or
f: invalidates or discharges any contract or security; or
g: affects the Corporation's rights or liabilities under or in respect of any guarantee relating to the liabilities of an existing company given by or to the Corporation. Section 57 inserted 1 July 2001 section 22 Housing Corporation Amendment Act 2001
58: Property or liabilities vested in Corporation
If any asset or liability of the Crown is vested in the Corporation under this Act,—
a: the Crown remains liable to any third party as if the asset or liability had not been vested, but must be indemnified by the Corporation in respect of any liability to the third party:
b: any satisfaction or performance by the Corporation in respect of the asset or liability is also deemed to be satisfaction or performance by the Crown:
c: any satisfaction or performance in respect of the asset or liability by any third party to the benefit of the Corporation is also deemed to be to the benefit of the Crown. Section 58 inserted 1 July 2001 section 22 Housing Corporation Amendment Act 2001
59: Transfer of contracts and leases
1: Before the vesting day,—
a: an existing company may transfer to the Corporation a specified right or benefit under a contract or lease to which it is a party; and
b: the Corporation may transfer to an existing company a specified right or benefit under a contract or lease to which it is a party, or a right or benefit transferred to it under paragraph (a).
2: The transfer does not prevent the transferor from exercising or enjoying the right or benefit transferred.
3: The transfer may not be made unless—
a: the proposed transferee has agreed to it; and
b: written notice of it has been delivered to the proposed transferee, and to every other party to the contract or lease.
4: The transfer is binding on every party to the contract or lease. Section 59 inserted 1 July 2001 section 22 Housing Corporation Amendment Act 2001
60: Application of Privacy Act 1993
1: For the purposes of the Privacy Act 1993
a: the use by the Corporation or its employees of any information gathered or held by an existing company is a directly related purpose; and
b: the use by an existing company or its employees of any information gathered or held by the Corporation or another existing company is a directly related purpose.
2: Subsection (1) is for the avoidance of doubt. Section 60 inserted 1 July 2001 section 22 Housing Corporation Amendment Act 2001
7: Transfer of employees to Corporation
Part 7 inserted 1 July 2001 section 22 Housing Corporation Amendment Act 2001
61: Interpretation
In this Part, unless the context otherwise requires,— employment agreement section 5 old agreement transferred employee section 62 Section 61 inserted 1 July 2001 section 22 Housing Corporation Amendment Act 2001
62: Transfer of employees to Corporation
The Corporation may appoint to a position in its employment a person who is—
a: an employee of an existing company; or
b: an employee of a department listed in Schedule 1 Section 62 inserted 1 July 2001 section 22 Housing Corporation Amendment Act 2001
63: Consultation
The Corporation must not appoint a person to a position in its employment under section 62 Section 63 inserted 1 July 2001 section 22 Housing Corporation Amendment Act 2001
64: Effect of old employment agreement
Unless it provides otherwise, a transferred employee's old agreement continues to apply to him or her during the period referred to in section 65
a: entered into with the Corporation, rather than the former employer; and
b: binding on him or her, the Corporation, and any other party to it other than the former employer. Section 64 inserted 1 July 2001 section 22 Housing Corporation Amendment Act 2001
65: Period during which old agreement applies
The period during which a transferred employee's old agreement continues to apply begins on his or her appointment to a position in the employment of the Corporation under section 62
a: he or she—
i: ceases to be an employee of the Corporation; or
ii: is appointed to some other position in the employment of the Corporation; or
b: any of the conditions of employment applying to him or her under it are varied (otherwise than under section 67 Section 65 inserted 1 July 2001 section 22 Housing Corporation Amendment Act 2001
66: Circumstances in which new employment agreement to apply
The conditions of employment of a person appointed to a position in the employment of the Corporation under section 62
a: he or she is appointed to some other position in the employment of the Corporation; or
b: any of the conditions of employment applying to him or her under his or her old agreement are varied (otherwise than under section 67 Section 66 inserted 1 July 2001 section 22 Housing Corporation Amendment Act 2001
67: Changes in duties or location
1: If during the period referred to in section 65 section 62
a: his or her conditions of employment may be varied by agreement to reflect that change; but
b: the varied conditions must be no less favourable than those he or she was entitled to under his or her old agreement.
2: Subsection (1) overrides section 64 Section 67 inserted 1 July 2001 section 22 Housing Corporation Amendment Act 2001
68: Transfer not enough to break continuous employment
For the purposes of any provisions of a transferred employee's old agreement relating to continuity of service, his or her appointment to a position in the employment of the Corporation under section 62 Section 68 inserted 1 July 2001 section 22 Housing Corporation Amendment Act 2001
69: Transfer not enough to entitle employee to redundancy or severance payment
A transferred employee is not entitled to receive compensation for redundancy, or a severance payment, because—
a: the position he or she held in the existing company or department concerned has ceased to exist; or
b: he or she has ceased by virtue of his or her appointment to a position in the employment of the Corporation to be an employee of that company or department. Section 69 inserted 1 July 2001 section 22 Housing Corporation Amendment Act 2001 |
DLM430462 | 1974 | Local Legislation Act 1974 | 1: Short Title
This Act may be cited as the Local Legislation Act 1974. City, borough, and county councils
2: Authorising the Alexandra Borough Council to guarantee a loan
Whereas the Alexandra Borough Council (in this section referred to as the Council employee And whereas section 338 of the Municipal Corporations Act 1954 Be it therefore enacted as follows:
1: Subject to subsection (2), the Council is hereby authorised and empowered to guarantee a portion of a loan made by a financial institution to the employee upon the security of a first mortgage of an existing house.
2: The provisions of section 338 of the Municipal Corporations Act 1954
3: Amending section 32 of the Local Legislation Act 1959
Whereas section 32 said section Corporation And whereas that area of approximately 2 acres, when defined by survey, was to be declared by the Corporation an endowment in aid of the funds of the Southland Museum Trust Board and was so defined and declared: And whereas the endowment is no longer required: Be it therefore enacted as follows:
1: The endowment declared by the Corporation in aid of the funds of the Southland Museum Trust Board is hereby revoked.
(2), (3): Amendment(s) incorporated in the Act(s)
4: Authorising Blenheim Borough Council to raise a special loan
Whereas the Blenheim Borough Council (in this section referred to as the Council And whereas the amount of that loan was insufficient to enable the completion of that work: And whereas the Council has expended the sum of $17,938 out of its general revenues to complete the work: And whereas the Local Authorities Loans Board declined the Council's application to raise a special loan to refund to its general revenues the sum so expended from them: Be it therefore enacted as follows: The Council is hereby authorised and empowered to borrow by way of special loan under the Local Authorities Loans Act 1956
5: Authorising Blenheim Borough Council to graze cattle
Whereas the Blenheim Borough Council (in this section referred to as the Council And whereas it is desirable to authorise the Council to graze cattle on that land: And whereas the Council has no authority to purchase, sell, or otherwise deal with cattle: Be it therefore enacted as follows:
1: The Council is hereby authorised and empowered to graze cattle on the land described in subsection (3) and for that purpose shall have power to incur expenditure, to purchase cattle, and sell any such cattle and the produce thereof.
2: All transactions relating to the grazing of cattle and to any dealings in respect of them, and any transactions in respect of the land necessary for the purposes of this section, shall be recorded by the Council in a miscellaneous separate activity account.
3: The land to which this section relates is described as follows: All that parcel of land containing 373.9295 hectares, more or less, situated in the Land District of Marlborough, being Section 15, Block III, Taylor Pass Survey District, and being all the land comprised in leasehold certificate of title, Volume 50, folio 157, Marlborough Land Registry, and as shown on SO Plan 1166.
6: Varying date on which farmland roll of Waitemata City Council comes into force
Whereas the Borough of Waitemata was constituted by Order in Council dated 22 July 1974 as published in the Gazette And whereas clause 21(i) of the Order in Council provides that the constitution of the said borough shall be deemed to have come into effect for all accounting, rating, and other financial purposes as from and including 1 April 1974: And whereas the said borough was proclaimed to be a city by proclamation published in the same Gazette And whereas following that proclamation application was made to the Waitemata City Council (in this section referred to as the Council And whereas any such roll would, under section 133 of the Rating Act 1967 And whereas it is desirable that the farmland roll come into force on 1 April 1974: Be it therefore enacted as follows:
1: Notwithstanding section 133 of the Rating Act 1967
2: The Council is hereby authorised and empowered to refund to the persons entitled any rates found to be overpaid as a consequence of subsection (1).
7: Authorising the Taumarunui Borough Corporation to lease certain land for the purposes of a sale yard
Whereas the mayor, councillors, and citizens of the Borough of Taumarunui (in this section referred to as the Corporation And whereas by memorandum of lease dated 15 March 1961 registered in the South Auckland Land Registry under No 208753 the Corporation leased the land to the members of the King Country Stock and Station Agents Association, namely Wright Stephenson & Co. Limited, Dalgety and New Zealand Loan Limited, New Zealand Loan and Mercantile Agency Company Limited, and Newton King Limited, as tenants in common in equal shares, as sale yards for the sole purpose of conducting sales by auction of livestock or of such other things as are usually sold in sale yards: And whereas the term of the said memorandum of lease is 20 years computed from 1 January 1961: And whereas the Corporation and the lessees desire to improve the facilities at the sale yards and the lessees desire a longer term than the unexpired residue of the present term: And whereas the Corporation has no authority to grant a new lease for such a term: Be it therefore enacted as follows:
1: The Corporation is hereby authorised to accept a surrender of the said memorandum of lease, and to grant to such members as from time to time may constitute the King Country Stock and Station Agents Association a new lease for a period of 20 years with a right of renewal for 20 years and upon such other terms as in its absolute discretion it thinks proper.
2: The land to which this section relates is described as follows: All that parcel of land containing 8.6162 hectares, more or less, being Lot 1 on DP S 10580 and part of the land on DP 21131, and being part Block XVIII, Taumarunui Maori Township, situated in Block I, Piopiotea Survey District, and being all the land comprised and described in certificate of title, Volume 600, folio 286, South Auckland Land Registry.
8: Varying date on which farmland rolls of Hutt County Council come into force
Whereas during the financial year commencing with 1 April 1973 applications were made to the Hutt County Council (in this section referred to as the Council And whereas any such rolls would, under section 133 of the Rating Act 1967 And whereas it is desirable that the farmland rolls come into force on 1 April 1973: Be it therefore enacted as follows:
1: Notwithstanding section 133 of the Rating Act 1967
2: The Council is hereby authorised and empowered to refund to the persons entitled any rates found to be overpaid as a consequence of subsection (1).
9: Authorising Wairoa Borough Corporation and Wairoa County Corporation to extend cemetery within Wairoa Borough
Whereas by Order in Council made on 17 April 1914, and published in the Gazette Borough Corporation And whereas the Borough Corporation, and the chairman, councillors, and citizens of the County of Wairoa (in this section referred to as the County Corporation And whereas no other site outside the boundary of the said Borough is suitable and available: Be it therefore enacted as follows:
1: Notwithstanding section 4(4) Town and Country Planning Act 1953 section 165 of the Municipal Corporations Act 1954 section 185 of the Counties Act 1956
2: The land to which this section relates is described as follows: All that parcel of land containing 4.0469 hectares, more or less, being Lot 60 and part Lot 59, Deeds Plan 577, and being part of the land described in certificate of title, Volume No A3, folio 436, Hawke's Bay Land Registry.
10: Authorising Wellington City Council to use Electricity Renewal Fund for capital works, and providing for the suspension of appropriations to that fund
Whereas the Wellington City Renewal Fund Commissioners (in this section referred to as the Commissioners section 8 of the Wellington City Trading Departments' Reserve and Renewal Funds Act 1917 Act Council section 3 of the Act And whereas it is desirable that part of the Electricity Renewal Fund be used by the Council in extending the capital works of that undertaking: And whereas section 3 of the Act section 3(a) section 4 of the Wellington City Empowering and Amendment Act 1943 And whereas it is desirable that the Council suspend such annual appropriation: Be it therefore enacted as follows:
1: Notwithstanding anything to the contrary in section 8 or section 9(2) of the Act section 3 of the Act
2: Subsection (1) shall apply with respect to sums in excess of $1,000,000 in the Electricity Renewal Fund within the period of 5 financial years commencing with 1 April 1974 and ending with 31 March 1979.
3: It shall not be necessary for the Council in respect of all or any of the financial years within the period commencing on 1 April 1974 and ending on 31 March 1979 to charge the annual appropriations in respect of the electric-light and power-supply undertaking prescribed by section 3 of the Act Miscellaneous provisions
11: Authorising the Auckland Regional Authority to advance money or make an
ex gratia Whereas on 11 April 1974 a bus owned and operated by the Auckland Regional Authority (in this section referred to as the Authority And whereas the estimated cost of repairing the damage is $6,000: And whereas Doris Evelyn Cadness is unable to meet the said cost: And whereas the Authority is desirous of making good the damage but has no authority to do so: Be it therefore enacted as follows: For the purpose of meeting the cost of repairs to the property of Doris Evelyn Cadness the Authority is hereby authorised and empowered to make advances of money on such terms and conditions as it thinks fit, or to make an ex gratia provided that the total amount of any such advances or payments or combination of them shall not exceed $6,000.
12: Validating certain payments made by the Tekapo Pest Destruction Board towards a superannuation scheme provided by the Australian Mutual Provident Society
Whereas between 30 September 1972 and 30 November 1973 the Tekapo Pest Destruction Board (in this section referred to as the Board And whereas the policy was provided by the Australian Mutual Provident Society (hereinafter referred to as the Society And whereas the scheme was not established as a superannuation scheme under section 25 And whereas the Board has ceased to participate in the said scheme: And whereas it is desirable that the payments made by the Board be validated: Be it therefore enacted as follows: The payments amounting to $155.55 made by the Board between 30 September 1972 and 30 November 1973 as a contribution towards a life insurance policy scheme provided by the Society for an employee of the Board are hereby validated.
13: Validating a deed made between the Nelson City Corporation, the Nelson School of Music Trust Board, and the Nelson Provincial Arts Council
Whereas for the purpose of making future provision for the School of Music established in the City of Nelson and for the control of certain property associated therewith, the mayor, councillors, and citizens of the City of Nelson (in this section referred to as the Corporation Board deed And whereas the deed provides, inter alia, for the Corporation to transfer to the Board the land described in subsection (2) without consideration: And whereas doubts have arisen as to the authority of the Corporation to execute and be bound by the deed or to effect such a transfer: Be it therefore enacted as follows:
1: Notwithstanding anything to the contrary in the Municipal Corporations Act 1954
2: The land to which this section relates is described as follows: First, all that parcel of land situated in the City of Nelson conveyed by deed of conveyance No 33760, being part of Section 488, City of Nelson, together with a right of way over the strip of land coloured pink on the plan endorsed on the certificate of title, and being all the land comprised in certificate of title, Volume 52, folio 277, Nelson Land Registry, limited as to parcels. Secondly, all that parcel of land situated in the City of Nelson containing 657.61 square metres, more or less, being part of Section 488, City of Nelson, together with a right of way over the strip of land coloured pink on the plan endorsed on the certificate of title, and being all the land comprised and described in certificate of title, Volume 13, folio 188, Nelson Land Registry, subject to a right of way over the part coloured yellow on the said plan. Thirdly, all that parcel of land situated in the City of Nelson conveyed by deed of conveyance No 46392, being part of Section 488, City of Nelson, together with a right of way over the strip of land coloured pink on the plan endorsed on the certificate of title, and being all the land comprised in certificate of title, Volume 52, folio 275, Nelson Land Registry, limited as to parcels.
14: Validating certain actions of the Nelson Raspberry Marketing Committee
Whereas the Nelson Raspberry Marketing Regulations 1940 regulations Committee 0.25 cents And whereas the levy actually deducted by the Committee was 0.575 cents per pound of raspberries during the year ended with 31 March 1972, 0.325 cents per pound during the year ended with 31 March 1973, and 0.55 cents per pound during the year ended with 31 March 1974: And whereas the regulations also provide that a contribution of not more than $50 a year may be made by the Committee to the Central Council of Raspberry Growers: And whereas the contribution actually made by the Committee was $60 in the year ended with 31 March 1971, and $80 in each of the 3 succeeding years: And whereas in each year after the year ended with 31 March 1969 until and including the year ended with 31 March 1974 the Committee had paid to its chairman and members honoraria, fees, and allowances in excess of the amounts approved by the Minister of Finance for those purposes, such excess payments totalling approximately $800: And whereas the Committee had incurred an overdraft with its bankers without authority, which overdraft amounted to $24,505.92 as at 31 March 1972: Be it therefore enacted as follows: Notwithstanding anything in the regulations or in any approval of the Minister of Finance relating to the payment of honoraria, fees, and allowances, the actions of the Committee in—
a: deducting more by way of levy than the amount authorised by the regulations during each of the years ended with 31 March in 1972 to 1974:
b: contributing more to the Central Council of Raspberry Growers than the amount authorised by the regulations during each of the years ended with 31 March in 1970 to 1974:
c: paying approximately $800 more by way of honoraria, fees, and allowances to its chairman and members than the amounts approved by the Minister of Finance for those purposes during the years ended with 31 March in 1970 to 1974:
d: incurring an overdraft of $24,505.92 as at 31 March 1972 without authority— are hereby validated and declared to have been lawful.
15: Authorising Otago Harbour Board to transfer certain land to Dunedin City Corporation
Whereas the land described in subsections (4) and (5) is vested in the Otago Harbour Board (in this section referred to as the Board And whereas the mayor, councillors, and citizens of the City of Dunedin (in this section referred to as the Corporation And whereas the Board has agreed to accept $150 as consideration for the land described in subsection (4) and $250 for the land described in subsection (5), but has no authority to transfer the land: Be it therefore enacted as follows:
1: Notwithstanding anything to the contrary in any enactment or rule of law, the Board is hereby authorised and empowered to transfer the land described in subsection (4) to the Corporation as an estate in fee simple for the purposes of a public road or street, and to transfer the land described in subsection (5) to the Corporation as an estate in fee simple for the purposes of a site for a drainage treatment plant, and to accept as consideration for the said transfers the sums of $150 and $250 respectively.
2: Each parcel of land shall be deemed to be freed from all other trusts, reservations, or restrictions affecting it as at the date of its transfer.
3: The consideration received by the Board shall be paid into its Harbour Account, and shall form part of the general funds of the Board.
4: The land to be transferred for the purposes of a public road or street is described as follows: All that parcel of land containing 1 707 square metres, more or less, situated in the City of Dunedin, being part of the Harbour Board Endowment in the vicinity of Sections 7 and 8, Block VII, Portobello Survey District, and being all the land comprised and described in certificate of title No 5A/823, Otago Land Registry (SO Plan 17133).
5: The land to be transferred as a site for a drainage treatment station is described as follows: All that parcel of land containing 860 square metres, more or less, situated in the City of Dunedin, being Section 49, Upper Harbour West Survey District, being part of the Otago Harbour coloured blue on SO Plan 17948, and being all the land comprised and described in certificate of title No 5D/1065, Otago Land Registry.
16: Changing name of Christchurch Regional Planning Authority to Canterbury Regional Planning Authority, and extending area covered by regional scheme
Whereas by notice dated 1 June 1955 and published in the Gazette And whereas that area was extended and the region redefined by notice dated 24 February 1956 and published in the Gazette And whereas by notice dated 28 October 1958 and published in the Gazette And whereas representatives of all those councils constitute the Christchurch Regional Planning Authority: And whereas it is desirable to extend the area to be dealt with by that authority, to redefine its region, and to change its name: Be it therefore enacted as follows:
1: Except as provided in subsection (7), this section shall be deemed to have come into force on 1 September 1974.
2: The name of the Christchurch Regional Planning Authority is hereby changed to the Canterbury Regional Planning Authority (in this section referred to as the Authority
3: Any objections and appeals made, actions taken, and things done in the name of the Canterbury Regional Planning Authority between 1 April 1974 and the coming into force of this section shall be deemed to have been made, taken, or done in the name of the Christchurch Regional Planning Authority.
4: For the purposes of the Town and Country Planning Act 1953
a: the Christchurch City Council is hereby declared to be the principal council of the Authority:
b: the area to be dealt with in the regional planning scheme of the Authority is hereby extended to include the areas within the jurisdiction of the councils named in subsection (8):
c: the area comprising the region of the Authority is hereby defined as being the whole of the area within the respective jurisdictions of the councils named in subsection (9).
5: For the purposes of the Town and Country Planning Act 1953 section 7 or section 14 of that Act
6: The notice dated 19 February 1974 purporting to constitute the Canterbury Regional Planning Authority and published in the Gazette
7: Subsection (6) shall be deemed to have come into force on 1 April 1974.
8: The names of those councils whose area of jurisdiction is included by subsection 4(b) Rangiora County Council Rangiora Borough Council Mt Herbert County Council Lyttelton Borough Council Wairewa County Council Ellesmere County Council. Akaroa County Council Malvern County Council Oxford County Council
9: The names of those councils whose area of jurisdiction comprise the region of the Authority are as follows: Christchurch City Council Wairewa County Council Waimairi County Council Akaroa County Council Riccarton Borough Council Malvern County Council Paparua County Council Oxford County Council Heathcote County Council Rangiora Borough Council Kaiapoi Borough Council Lyttelton Borough Council Eyre County Council Ellesmere County Council. Rangiora County Council Mt Herbert County Council
17: Providing for the apportionment of levies made by the Auckland Regional Authority between the wards of the City of Takapuna
Whereas by Order in Council made on 22 July 1974 and published in the Gazette Order And whereas clause 6 of the Order provides, inter alia, that for a period of 10 years from 1 August 1974 the levies charged and assessed by the Auckland Regional Authority (in this section referred to as the Authority Auckland Regional Authority Act 1963 Act And whereas it is desirable to give effect to that provision: Be it therefore enacted as follows:
1: This section shall be deemed to have come into force on 1 August 1974, and shall apply to all assessments made by the Authority pursuant to the Act upon the mayor, councillors, and citizens of the City of Takapuna (in this section referred to as the Corporation
2: The assessments to which this section applies shall be made, by and at the discretion of the Authority, either—
a: by dividing the assessments into 3 groups as if each of the wards of Takapuna, Glenfield, and Albany was a contributing local authority as defined in section 2
b: by not dividing the assessments, but by giving the Corporation sufficient information with the assessments as to enable the Corporation to make the same division as is referred to in paragraph (a).
3: Notwithstanding subsection (2), all assessments upon the Corporation shall, for all the purposes of the Act, be assessments charged against the Corporation and shall be subject to appeal and be payable by, and recoverable from, the Corporation.
4: Where for the purposes of this section it is necessary to ascertain or calculate the rateable capital value or population of any ward of the City of Takapuna, such value or population shall, upon receipt of a written request from the Authority, be ascertained or calculated by the Valuer-General or, as the case may require, the Government Statistician, as at a date or dates as near as reasonably practicable to the date of the receipt of the request.
5: The Corporation shall not exercise the power conferred by section 66(b) |
DLM415522 | 1974 | Ngarimu VC and 28th (Maori) Battalion Memorial Scholarship Fund Amendment Act 1974 | 1: Short Title
This Act may be cited as the Ngarimu VC and 28th (Maori) Battalion Memorial Scholarship Fund Amendment Act 1974, and shall be read together with and deemed part of the Ngarimu VC and 28th (Maori) Battalion Memorial Scholarship Fund Act 1945
2:
3:
4: New sections substituted
1: This subsection substituted section 14 section 15
2: Notwithstanding anything in subsection (1) subsection (1)
3: Notwithstanding anything in section 15 subsection (1) |
DLM412751 | 1974 | Marine and Power Engineers' Institute Industrial Disputes Act 1974 | 1: Short Title
This Act may be cited as the Marine and Power Engineers' Institute Industrial Disputes Act 1974.
2: Interpretation
In this Act— Institute Marine and Power Engineers' Institute Incorporation Act 1925 branch section 3 section 4
3: Application of Industrial Relations Act 1973 to Institute and branches
1: It is hereby declared that the Institute and each branch of the Institute are societies of workers for the purposes of Part 10 of the Industrial Relations Act 1973.
2: In the application, pursuant to section 143 of the Industrial Relations Act 1973, of Part 9 thereof to the Institute or to any of its branches or to any members of the Institute or of any of its branches, the said Part 9 shall have effect as if every reference therein to the cancellation of the registration of a union were a reference to the cancellation of the incorporation of the Institute or branch, as the case may be, and related provisions in that Part shall have effect accordingly. |
DLM430446 | 1974 | Insurance Companies' Deposits Amendment Act 1974 | 1: Short Title and commencement
1: This Act may be cited as the Insurance Companies' Deposits Amendment Act 1974, and shall be read together with and deemed part of the Insurance Companies' Deposits Act 1953
2: Sections 3 5
3: Except as provided in subsection (2)
2: Interpretation
1: This subsection substituted the definition of approved securities 2
2:
3:
4:
5: Every deposit made by any depositor before the passing of this Act, in so far as it consists at the passing of this Act of approved securities within the definition repealed by subsection (1)
6: The following enactments are hereby consequentially repealed:
a: The Insurance Companies' Deposits Amendment Act 1958
b: The Insurance Companies' Deposits Amendment Act 1971
3:
4:
5:
6:
7:
8:
9:
10:
11: |
DLM425934 | 1974 | Education Amendment Act (No 2) 1974 | 1: Short Title
1: This Act may be cited as the Education Amendment Act (No 2) 1974, and shall be read together with and deemed part of the Education Act 1964
2: Sections 3 6 7
3: Subject to subsection (2) of this section, this Act shall come into force on its passing Subsection (3) amended 22 August 1975 Education Amendment Act 1975 by substituting the word passing commencement
2:
3: Constitution of Education Boards
1: This subsection inserted section 15(2)(c)
2: This subsection inserted section 15(2A)
3: This subsection amended section 15(2)
4: Notwithstanding anything in subsections (1) to (3) of this section, the members of each Education Board holding office at the commencement of this Act shall, subject to sections 17 to 19
4:
5:
6: Sections 6 7 15 March 1976 regulation 2 Education Amendment Act Commencement Order 1976 Section 6 repealed 18 May 1989 School Trustees Act 1989
7: Sections 6 and 7 15 March 1976 regulation 2 Education Amendment Act Commencement Order 1976
8:
9: Section 9 repealed 1 January 1991 Education Amendment Act (No 2) 1990
10:
11:
12:
13:
14:
15:
16: Section 16 repealed 22 August 1975 Education Amendment Act 1975
17:
18:
19: Correspondence schools and classes for continuing education
1: This subsection substituted section 96
2: Any correspondence school or classes established by the Minister for the provision of further education under the principal Act or any former Education Act and existing at the commencement of this section shall be deemed to have been established for the provision of continuing education under this section.
20:
21:
22: Section 22 repealed 23 July 1990 section 50(5) Education Amendment Act 1990
23:
24:
25:
26:
27:
28:
29:
30:
31:
32:
33:
34:
35:
36:
37:
38:
39: Repeal of Rangiora High School Act 1881
1: The following enactments are hereby repealed—
a: The Rangiora High School Act 1881:
b: The Rangiora High School Amendment Act 1960:
c: The Rangiora High School Amendment Act 1963.
2: Notwithstanding anything in subsection (1) of this section, the Rangiora High School Board of Governors constituted under the Rangiora High School Act 1881 shall, until the 31st day of March 1976, continue to be the Board of Governors of the Rangiora High School and to exercise control over the school in every way as if none of the enactments mentioned in subsection (1) of this section had been repealed.
3: Notwithstanding anything in section 50 section 57
4: Notwithstanding anything in subsection (3) of this section, the members of the Rangiora High School Board of Governors holding office on the 31st day of March 1976 shall, unless they cease to hold office pursuant to any other enactment, continue to hold office until the appointment or election of their successors is notified to the Board.
40: Repeal of Southland Boys' and Girls' High Schools Act 1877
1: The following enactments are hereby repealed:
a: The Southland Boys' and Girls' High Schools Act 1877:
b: The Southland Boys' and Girls' High Schools Amendment Act 1951:
c: The Southland Boys' and Girls' High Schools Amendment Act 1971.
2: Notwithstanding anything in subsection (1) of this section, the Southland High Schools Board of Governors constituted under the Southland Boys' and Girls' High Schools Act 1877 (as amended by section 2 of the Southland Boys' and Girls' High Schools Amendment Act 1951 and section 2 of the Southland Boys' and Girls' High Schools Amendment Act 1971) shall, until the 31st day of May 1976 or such other date in that year in substitution therefor as may be prescribed by regulations made under the principal Act as the date until which members of Boards of Governors of secondary schools shall hold office (hereinafter referred to as the effective date), continue to be the Board of Governors of the Southland Boys' and Girls' High Schools and to exercise control over the schools in every way as if none of the enactments mentioned in subsection (1) of this section had been repealed.
3: Notwithstanding anything in section 50 section 51 section 52
4: Notwithstanding anything in subsection (3) of this section, the members of the Southland Boys' and Girls' High Schools Board of Governors holding office on the effective date shall, unless they cease to hold office pursuant to any other enactment, continue to hold office until the appointment or election of their successors is notified to the Board.
41: Repeal of Greymouth High School Act 1883
The Greymouth High School Act 1883 |
DLM430486 | 1974 | Joint Family Homes Amendment Act 1974 | 1: Short Title and commencement
1: This Act may be cited as the Joint Family Homes Amendment Act 1974, and shall be read together with and deemed part of the Joint Family Homes Act 1964
2: Except as provided in section 12(4)
2:
3:
4:
5: Effect of registration
1: This subsection inserted a new second proviso after the first proviso to section 9(2)(d)
2: The second proviso to section 9(2)(d) subsection (1)
6:
7:
8:
9:
10:
11: Exemptions from gift duty
1: This subsection substituted section 21
2: Subsection (2) subsection (1)
12: Exemption from estate duty
1: This subsection amended section 22(1)
2: This subsection amended section 22(2)
3: This subsection added section 22(3)
4: Subsections (1) (3)
13: Consequential repeals and amendment
1: The following enactments are hereby consequentially repealed—
a: Section 4 of the Joint Family Homes Amendment Act 1968
b: So much of Schedule 4 Estate and Gift Duties Act 1968 Joint Family Homes Act 1964
c: Section 3 of the Joint Family Homes Amendment Act 1972
2: This amendment has been incorporated in the reprinted Unit Titles Act 1972 |
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Overview
This is an initial version of public acts collected from legislation.govt.nz. The preamble sections of the acts have been excluded from this dataset.
Feedback is welcome: gardner@bickford.nz
The data is in jsonl format and each line contains:
{
"id": "DLM415522",
"year": "1974",
"title": "Ngarimu VC and 28th (Maori) Battalion Memorial Scholarship Fund Amendment Act 1974",
"text": "1: Short Title\nThis Act may be cited as the Ngarimu VC and 28th (Maori) Battalion Memorial Scholarship Fund Amendment Act 1974, and shall be read together with and deemed part of the Ngarimu VC and 28th (Maori) Battalion Memorial Scholarship Fund Act 1945\n2:\n3:\n4: New sections substituted\n1: This subsection substituted section 14 section 15\n2: Notwithstanding anything in subsection (1) subsection (1)\n3: Notwithstanding anything in section 15 subsection (1)"
}
Reproduction
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Copyright
The legislation text data in this dataset repository has no copyright.
From the Legislation.govt.nz website:
There is no copyright in New Zealand Acts, Bills, or the secondary legislation published on this website (see section 27 of the Copyright Act 1994). All Acts, Bills, Supplementary Order Papers, and secondary legislation published on this website may be reproduced free of charge in any format or media without requiring specific permission.
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