An Act to empower the Otago Central Electric Power Board to amalgamate with the Teviot Electric Power Board to

Transcription

1 Mr George OTAGO CENTRAL ELECTRIC POWER BOARD EMPOWERING [LOCAL] ANALYSIS Title Preamble 1. Short Title 2. Interpretation 3. Original districts dissolved 4. Otago Central Electric Power Board district 5. Outer area of district 6. Otago Central Electric Power Board 7. Combined districts 8. Principal local authority of each combined district 9. Representation of constituent districts and combined districts 10. First meeting of Board 11. Elections 12. Commencement of term of office of Board members 13. Extension of term of offi.ce of members of Boards of original districts 14. Vesting of lands, etc. 15. Vesting of personal property 16. Registration of land 17. Registration of mining interests 18. Rights of Board in respect of existing assets Schedules A BILL INTITULED An Act to empower the Otago Central Electric Power Board to amalgamate with the Teviot Electric Power Board to form an electric Power Board comprising the said Power 5 Boards and uniting the districts thereof and certain other areas under an Electric Power Board to be called the Otago Central Electric Power Board WHEREAS by Proclamation dated the twentieth day of October, nineteen hundred and twenty-two and published in 10 the Gazette of the twenty-sixth day of October in that year the Otago Central Electric Power Board District as therein described was duly constituted as an electric power district within the meaning of the Electric Power Boards Act 1925: No. 53-1

2 2 Otago Central Electric Power Board Empowering And whereas by Proclamation dated the sixteenth day of July, nineteen hundred and twenty and published in the Gazette of the twenty-second day of July in that year the Teviot Electric Power Board District as therein described was duly constituted as an electric power district within the mean- 5 ing of the Electric Power Boards Act 1925: And whereas the districts controlled by the Otago Central Electric Power Board and the Teviot Electric Power Board have since the respective dates of the constitution of the Boards been extended modified and amended as appears in the First Schedule 10 hereto: And whereas it is desirable to amalgamate the electrical undertakings and districts of the Otago Central Electric Power Board and the Teviot Electric Power Board under a new Electric Power Board to be hereby constituted under the Electric Power Boards Act 1925: And whereas 15 by special order of the Otago Central Electric Power Board confirmed on the twenty-eighth day of July, nineteen hundred and fifty-nine and by special order of the Teviot Electric Power Board confirmed on the twenty-second day of July, nineteen hundred and fifty-nine it was resolved that the two 20 Boards amalgamate: And whereas it is proposed to combine various constituent districts of the original Boards for the purposes of representation: BE IT THEREFORE ENACTED by the General Assembly of New Zealand in Parliament assembled, and by the authority of 25 the same, as follows: 1. Short Title-This Act may be cited as the Otago Central Electric Power Board Empowering Act Interpretation-In this Act, unless the context otherwise requires,-- 30 "Appointed day" means the first day of April, nineteen hundred and sixty: "The Board" means the Board constituted under this Act as the Electric Power Board for the District on and after the appointed day: 35 "The district" means the district of the Board as defined by this Act: "Original Boards" means the Boards holding office at the time of the passing of this Act: "Original districts" means the districts of the original 40 Boards.

3 Otago Central Electric Power Board Empowering 3 3. Original districts dissolved-the original districts are hereby dissolved from the thirty-first day of March, nineteen hundred and sixty and the original Boards shall then be deemed to have been dissolved Otago Central Electric Power Board district-it is hereby declared that, for the purposes of the Electric Power Boards Act 1925 and this Act, the Otago Central Electric Power Board District shall consist and shall be deemed on the appointed day to consist of the original districts as set 10 out and described in the Proclamations and enactment listed in the First Schedule to this Act for the respective original districts together with the area described in the Second Schedule to this Act. 5. Outer area of district-the area described in this section 15 is hereby declared to be an outer area of the district, namely, all that area in the Otago and Southland Land District comprising the outer areas of the original Otago Central Electric Power Board District as constituted immediately before the appointed day Otago Central Electric Power Board-There is hereby constituted on the appointed day an Electric Power Board named the Otago Central Electric Power Board for the Otago Central Electric Power District as herein declared and defined, that Board being deemed to be a Board constituted under the 25 Electric Power Boards Act Combined districts-on and after the appointed day each group of constitutent districts which is bracketed together in the first column of the Third Schedule to this Act shall be a combined district for the purposes of the Electric Power 30 Boards Act Principal local authority of each combined district-the local authority of the constituent district distinguished in the first column of the Third Schedule to this Act by the letter "(P) " shall be the principal local authority of the combined 35 district of which that constituent district forms part.

4 4 Otago Central Electric Power Board Empoweing 9. Representation of constituent districts and combined districts-the number of representatives of each constituent district or combined district of the Otago Central Electric Power District on the Otago Central Electric Power Board, as the same are both hereby constituted, shall be the number 5 specified in the Third Schedule to this Act opposite the name of that constituent district or combined district. 10. First meeting of Board-The first meeting of the Board shall be held in Alexandra within one month after the appointed day Elections-Save as hereinafter provided, the representatives on the Board of the several constituent districts and combined districts shall be elected by the electors of the said constituent districts and combined districts. 12. Commencement of term of office of Board members_ 15 The representatives of the constituent and combined districts to assume office shall be elected at the local body elections in November, nineteen hundred and fifty-nine pursuant to the Local Elections and Polls Act 1953 but such representatives shall not come into office until the appointed date Extension of term of office of members of Boards of original districts-notwithstanding the provisions of the Local Elections and Polls Act 1953 and the said election, the existing members of the original Boards shall continue in office and the original Boards shall continue as heretofore until the 25 appointed day and the executive officers of the original Boards on the appointed day shall continue in office and to exercise and attend to all their customary powers, duties, and responsibilities as heretofore until the first meeting of the Board. 14. Vesting of lands, etc.-all the estates and interests in 30 the lands of the original Boards and all the licences issued to the original Boards under the Mining Act 1926 shall vest without conveyance or assignment in the Board on the appointed day for the appropriate estate or interest, subject to all existing leases and tenancies and other encumbrances 35 affecting the said lands and shall be held by the Board in the like tenure as they were held by the original Boards.

5 Otago Central Electric Power Board Empowering Vesting of personal property-all personal property of whatsoever nature, including all choses in action and the benefit of all contracts and agreements and all rights and powers exercisable thereunder or pertaining thereto belonging 5 to the original Boards, shall vest without transfer or assignment in the Board on the appointed day, free from all costs and reservations theretofore affecting the same; and all debts and other liabilities lawfully incurred by the original Boards and existing on the appointed day shall on and after the 10 appointed day be the debts and liabilities of the Board; and the Board is hereby authorised and empowered to meet the said debts and liabilities out of its ordinary revenues. 16. Registration of land-the District Land Registrar for the Land Registration District of Otago is hereby authorised 15 and directed to make such entries in the register and to issue on the application of the Board such certificates or muniments of title as are necessary to give effect to the provisions of this section. 17. Registration of mining interests-the Mining Regis- 20 trar or Registrars of the Otago Mining District are hereby authorised and directed to make such entries in the register or registers and to issue on the application of the Board such licences as are necessary to give effect to the provisions of this Act Rights of Board in respect of existing assets-all assets, liabilities, credits, debts, and choses in action of the original Boards, including all unpaid rates levied by the original Boards, and the benefit or liability of or for any legal proceedings by or against the original Boards, and all licences and 30 other authorities granted to the original Boards under the Public Works Act 1928 or the Electric Power Boards Act 1925 shall become the assets and liabilities of the Board on the appointed day; and the Board shall have the full right and privilege to get in all such assets and liabilities and to sue for 35 and recover all such debts and other matters and things as the original Boards would have been entitled to do but for the passing of this Act.

6 6 Otago Central Electric Power Board Empowering SCHEDULES Section 4 - FIRST SCHEDULE OTAGO CENTRAL ELECTRIC OWER DISTRICT PROCLAMATIONS, ETC. Date Gazette Plan 20/10/22 26/10/22, P.W.D p /11/24 4/12/24, P.W.D p /7/28 19/7/28, P.W.D p /3/37 18/3/37, P.W.D p /9/37 16/9/37, P.W.D p S. 39 Local Legislation Act 1939 Effect District constituted comprising Alexandra and part Vincent County. Outer area - Cromwell and balance Vincent County. Part Vincent County and Cromwell added to district ( from outer area). Part Vincent County added to district ( from outer area). Adding outer area in Lake County (from outer area of Lake Wakatipu Electric Power district). Part Vincent County and part Lake County added to district ( from outer area). By amalgamation, Arrowtown and part Lake County became part of the district and Queenstown and the balance of Lake County becanne 4/10/44 5/10/44, p /8/54 19/8/54, S.H.D. 300 p /9/56 20/9/56, S.H.D. 409 p and 410 outer area. Queenstown added to district (from outer area). Adding outer area in Maniototo County (from outer area of Otago Electric Power district). Adding to district part Maniototo County and part Lake County. TEVIOT ELECTRIC OWER DISTRICT 16/7/20 22/7/20, P.W.D p /11/24 6/11/24, P.W.D p /9/50 28/9/50, S.H.D. 103 p District constituted comprising Roxburgh and part Tuapeka County (490,000 acres approx.). Part Tuapeka County added to district. Part Tuapeka County added to district (from outer area of Otago Electric Power district).

7 Otago Central Electric Power Board Empowe*ring 7 SECOND SCHEDULE Section 4 AREA ADDED TO DISTRICT ALL that area of land in the Otago Land District, being portion of the County of Tuapeka in the. Teviot Survey District, bounded by a line commencing at the intersection of the northern boundary of the Tuapeka County with the eastern bank of the Clutha River; thence proceeding generally in a southerly direction down the east bank of the Clutha River to a point where a continuation of the line of the northern boundary of Section 4, Block XI, meets the Clutha River; thence across the Clutha River to the west bank and on to the north-east corner of Section 49, Block V, and thence west by the northern boundary of the said Section 49 across and by a public road to the north-east corner of Section 33, Block V; thence along the northern boundary of the said Section 33 and south by the western boundary of the said section 33 by and across a public road by the western boundary of Sections 1, 44, and 42, Block V, by the southern boundary of said Section 42 and Section 35, Block V; thence by a public road to the north-east corner of Section 10, Block IX; thence by the northern boundary of the said Section 10 and by the western boundaries of Sections 10,9,8, 7,6,5,4, 3, 2, and 1, Block IX and Sections 1 and 2 Block X across a public road and by the northern boundary of Section 16, Block X; thence west along the Teviot Survey District boundary; thence north along the said boundary to its intersection with the Tuapeka County boundary; thence north and then east along the said County boundary to the point of commencement. THIRD SCHEDULE Section 7 First Column Second Column County of Vincent ( P) 1 3 members. Part of County of Maniototof County of Tuapeka 1 member. County of Lake (P) 1 member. Borough of Arrowtown Borough of Alexandra 1 member. Borough of Queenstown 1 member. Borough of Cromwell 1 member. Borough of Roxburgh 1 member. WELLINGTON, NEW ZEALAND: Printed under authority of the New Zealand Government, by R. E. OWEN, Government Printer-1959