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1968 No 124 Counties Amendment

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1968 No 124 Counties Amendment 904 Counties Amendment 1968, No. 124 ANALYSIS Title 25. Apartment buildings and boarding­ 1. Short Title houses to be licensed 26. Sale of land for housing 27. Proceeds of sale or lease of building PART I allotments 28. Council may acquire shares in com­ MISCELLANEOUS AMENDMENTS OP pany erecting commercial build­ PRINCIPAL ACT ing for occupation by share­ 2. Interpretation holders 3. Readjustment of representation in 29. Gardens and lawns general election year 30. Purchase and development of land 4. Extraordinary vacancies for commercial or industrial 5. Roll of electors purposes 6. Money not to be paid by promissory 31. Bylaws as to construction and note or bill repair of build[ngs 7. Imprest Accounts 32. Bylaws as to secondhand timber 8. Rateable value of property where 33. Bylaws as to amusement galleries rates levied over county as a and shooting galleries whole 34. Bylaws as to mobile or travelling 9. Rateable value of property where shops rates levied separately in ridings 35. Temporary buildings 10. Sanitary and stormwater drainage 36. Amalgamation of titles on issue of rate building permit 11. Library rate 37. Contracts by Council 12. Application of surplus of separate or special rate PART II 13. Apportionment of income for each year AMENDMENTS OP COUNTIES AMEND­ 14. Accounts to be kept in accordance MENT ACT 1961 with requirements of Audit Office 38. Roads and road access 15. Sale or exchange of land vested 39. Subdivision of land fronting exist­ in Corporation ing narrow road 16. Powers of Council with respect to 40. Reserves for public purposes private ways 41. Reserves along seashore and banks 17. Pedestrian malls of lakes, ~ivers, etc. 18. Penalties for injuries to roads 42. Variation or revocation of scheme 19. Damage to electricity works plan or conditions imposed 20. Powers of Council with respect to 43. Appeal to Town and Country dilapidated or ruinous buildings Planning Appeal Board by 21. Powers of Council with respect to adjoining local authority buildings likely to be dangerous 44. Time for appealing to Town and in earthquake Country Planning Appeal Board 22. Appeal to Supreme Court 45. Refund of money paid if scheme 23. Powers of Council in relation to plan revoked or lapses public recreation and instruction, 46. Plan to be deposited etc. 47. Plan approved subject to amalga­ 24. Power of Council to guarantee mation or transfer of allotments loans of sports bodies 48. Endorsements on scheme plans 1968, No. 124 Counties Amendment 905 PART III 68. Constitution as county borough of borough or town district included COUNTY TOWNS or merged in county 49. Constitution of county towns 69. Alteration of boundaries of county 50. Constitution as county town of borough borough or town district included 70. Union of county boroughs or merged in county 71. Abolition of county boroughs 51. Union of county towns 72. Notice of special orders 52. Abolition of county towns 73. County borough to constitute a 53. Notice of special orders riding 54. County town committee 55. Poll in county town to guide Council in appointment of county County Borough Council town committee 74. County Borough Council 56. Chairman of county town com­ 75. Election of members of County mittee Borough Council 57. AppOlintment of representative of 76. Qualification for membership of county town committee to attend Council Council meetings 77. F~lling of extraordinary vacancies 78. Functions and powers of County Development Works Borough Council 58. Powers of Council as to improve­ 79. Chairman of County Borough ment and development works in Council county towns 80. Annual allowance to Chairman 59. Advances and grants for develop­ 81. Remuneration of members of ment works in county towns County Borough Council Rates in County Towns 60. Separate improvement and develop­ Representation of County Borough ment rates over county towns on County Council 61. Differential rating in county towns 82. Representation of county borough 62. Ratepayers of county town may on County Council determine basis on which rates shall be collected 63. Council may exempt farm lands Development Works in County in county towns from separate Borough improvement and development rates 83. Development works General Provisions 64. Special orders to be made on Rates in County Borough petition or after poll of rate­ 84. Rates in county borough payers 65. This Part not to affect Tokoroa Town Empowering Act 1966 General Provisions 66. Repeals 85. Special orders under this Part 86. Appointment to special bodies 87. References in other Acts to county PART IV towns and county town com­ mittees COUNTY BOROUGHS 88. Application of Public Bodies 67. Constitution of county boroughs Meetings Act 1962 1968, No. 124 An Act to amend the Counties Act 1956 [17 December 1968 BE IT ENACTED by the General Assembly of New Zealand in Parliament assembled, and by the authority of the same, as follows: 906 Counties Amendment 1968, No. 124 1. Short Title-This Act may be cited as the Counties Amendment Act 1968, and shall be read together with and deemed part of the Counties Act 1956 (hereinafter referred to as the principal Act) . PART I MISCELLANEOUS AMENDMENTS OF PRINCIPAL ACT 2. Interpretation-( 1) Section 2 of the principal Act is hereby amended by repealing the definition of the terms "valuation list" and "valuation roll" in subsection (1), and sl,lbstituting the following definition: " 'Valuation roll' means a valuation roll for the district prepared under section 28 of the Valuation of Land Act 1951 or, as the case may be, compiled under section 28 of the Rating Act 1967." (2) Section 447 of the principal Act is hereby amended­ (a) By omitting the words "valuation roll or list", and substituting the words "valuation roll": (b) By omitting the words "roll, list, or document", and substituting the words "roll, or document": (c) By omitting the words "roll, list, or other document", and substituting the words "roll, or other docu­ ment". ' 3. Readjustment of representation in general election year-Section 35 of the principal Act is hereby amended by inserting, after the words "rateable value", the word "area". 4. Extraordinary vacancies-( 1) Section 40 of the principal Act is hereby amended by repealing subsection (l), and sub­ stituting the following subsections: "( l) Subject to subsections (lA) and (lB) of this section, if any person, while holding office as Councillor,- "(a) Ceases to be an elector' or ceases to possess a qualifica­ tion as an elector; or "(b) Becomes a mentally defective person within the mean­ ing of the Mental Health Act 1911; or "(c) Is adjudged a bankrupt; or " ( d) Is convicted of any offence punishable by imprison­ ment for a term of two years or more; or " ( e) Is convicted of any offence punishable by imprison­ ment for a term of less than two years and is sen­ tenced to imprisonment for that offence,- his office shall thereby be vacated. 1968, No. 124 Counties Amendment 907 "(lA) In any case to which paragraph (d) of subsection ( l) of this section applies- " (a) The disqualification shall not take effect until the expiration of the time for appealing against the conviction and, in the event of an appeal against conviction, until the appeal is determined; and " (b) The Councillor concerned shall be deemed to have been granted leave of absence until the expiration of that time, and shall not be capable of acting as Councillor during the period of that leave of absence. "(1 B) In any case to which paragraph (e) of subsection ( l) of this section applies- "( a) The disqualification shall not take effect until the expiration of the time for appealing against the conviction or the sentence and, in the event of an appeal against conviction or against the sentence or both, until the appeal is determined; and " (b) The Councillor concerned shall be deemed to have been granted leave of absence until the expiration of that time, and shall not be capable of acting as Councillor during the period of that leave of absence." ( 2) Section 40 of the principal Act is hereby further amended by inserting in subsection (2), after the words "paragraph (b) thereof", the words "or while on leave of absence pursuant to subsection (lA) or subsection (IB) of this section". 5. Roll of electors-( 1) Section 52 of the principal Act is hereby amended by repealing the proviso to subsection (1). (2) Section 52 of the principal Act is hereby further amended by inserting, after subsection ( 1 ), the following subsections: "( lA) Notwithstanding subsection (1) of this section, the County Clerk may omit from 'the roll of electors for any riding the name of any person whose name appeared hy virtue only of a residential qualification on the roll for the last general election of Councillors, if- " ( a) That person, being qualified to vote and not being a candidate, did not vote at that election; and "(b) That person, having been given notice in accordance with regulations under this Act that his name is to be omitted from the roll, has not applied in the prescribed form for his name to be entered on the roll: 908 Counties Amendment 1968, No. 124 "Provided that in any case where the notice is given by post, the name of any person shall not be omitted from the roll unless the notice has been returned to the County Clerk as unclaimed: "Provided also that this subsection shall not apply with respect to any person who has voted at anyone of any sub­ sequent elections of a Councillor or Councillors at which he was entitled to vote. "( lB) A notice given to any person under paragraph (b) of subsection (lA) of this seotion shall, if given by post, be sent to him at the address appearing to the County Clerk to be his last known place of abode, whether or not that address is the address appearing on the roll for the last general election of Councillors." 6.
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