Bylaws Act 1910

• Jurisdiction: New Zealand
• Citation: 1910 No 28
• Reference: 1910 No 28
• Record Number: DLM176981
• Act Number: 28
• Type of Document: Act

Contenidos

• Bylaws Act 1910
• Preamble
• Contents
• 1 Short Title and commencement
• 2 Interpretation
• 3 Application to Minister for confirmation of bylaw
• 4 Confirmation of bylaw by Minister
• 5 Confirmation of bylaw where immaterial error or defect
• 6 Certificate of confirmation
• 7 Effect of certificate of confirmation
• 8 Restrictions on effect of certificate
• 9 Certificate not to be questioned in Court
• 10 Confirmation not to affect prior proceedings for enforcement
• 11 Regulations
• 12 Order by High Court to quash or amend invalid bylaw
• 13 Bylaw not invalid because of discretionary power left to local authority, etc
• 14 Bylaw not invalid because subject-matter dealt with by statute
• 15 Bylaw may impose different penalty from that imposed by statute
• 16 Bylaw may apply to certain parts of district
• 17 Part of bylaw only may be deemed invalid
• 18 Bylaw not deemed to relieve from other liability
• 19 Procedure for recovery of fines
• 20 Bylaw may provide fine for breach thereof
• 21 Fines to be in the discretion of the Court
• 22 Evidence of bylaws
• 23 Application of Act
• 24 Repeal
• Schedules
• Schedule Certificate of confirmation
• 1 General
• 2 About this eprint
• 3 List of amendments incorporated in this eprint(most recent first)

Bylaws Act 1910

Changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in this eprint.

A general outline of these changes is set out in the notes at the end of this eprint, together with other explanatory material about this eprint.

This Act is administered by the Department of Internal Affairs.

Preamble

An Act to make better provision for the validity of bylaws

Contents

1 Short Title and commencement

This Act may be cited as the Bylaws Act 1910, and shall come into operation on 1 January 1911.

2 Interpretation

In this Act, unless a different intention appears from the context or subject-matter,—

bylaw means any rule or regulation which is made by any local authority by virtue of any Act now or hereafter to be in force, and which is termed a bylaw in the Act by virtue of which it is so made

local authority means—

1. any local authority within the meaning of the Local Government Act 2002; or.

2. any body corporate of any kind whatsoever having authority, under any Act now or hereafter to be in force, to make any rules or regulations which are in that Act termed bylaws; or

3. any Board, Council, Trustees, or other body of persons being the governing body of any corporation of any kind whatsoever and having authority, under any Act now or hereafter to be in force, to make any rules or regulations which are in that Act termed bylaws, or (where the context or subject-matter so requires) the corporation of any such governing body.

Section 2 local authority paragraph (a): replaced, on 1 July 2003, by section 262 of the Local Government Act 2002 (2002 No 84).

Confirmation of bylaws

3 Application to Minister for confirmation of bylaw

Section 3: repealed, on 3 June 1998, by section 3 of the Bylaws Amendment Act 1998 (1998 No 29).

4 Confirmation of bylaw by Minister

Section 4: repealed, on 3 June 1998, by section 3 of the Bylaws Amendment Act 1998 (1998 No 29).

5 Confirmation of bylaw where immaterial error or defect

Section 5: repealed, on 3 June 1998, by section 3 of the Bylaws Amendment Act 1998 (1998 No 29).

6 Certificate of confirmation

Section 6: repealed, on 3 June 1998, by section 3 of the Bylaws Amendment Act 1998 (1998 No 29).

7 Effect of certificate of confirmation

Section 7: repealed, on 3 June 1998, by section 3 of the Bylaws Amendment Act 1998 (1998 No 29).

8 Restrictions on effect of certificate

Section 8: repealed, on 3 June 1998, by section 3 of the Bylaws Amendment Act 1998 (1998 No 29).

9 Certificate not to be questioned in Court

Section 9: repealed, on 3 June 1998, by section 3 of the Bylaws Amendment Act 1998 (1998 No 29).

10 Confirmation not to affect prior proceedings for enforcement

Section 10: repealed, on 3 June 1998, by section 3 of the Bylaws Amendment Act 1998 (1998 No 29).

11 Regulations

Section 11: repealed, on 3 June 1998, by section 3 of the Bylaws Amendment Act 1998 (1998 No 29).

Quashing or amending of bylaws by the High Court

12 Order by High Court to quash or amend invalid bylaw

At any time before or after the coming into operation of any bylaw any person may by motion apply to the High Court for an order quashing the bylaw, or any part thereof, on the ground that the bylaw or such part thereof is for any reason invalid, and if the Court is of opinion that the same is invalid an order may be made quashing the same accordingly.

Notice of any such application to the High Court, and of the grounds thereof, shall be given by the applicant to the local authority by which the bylaw was made, and that local authority shall be heard in support of the bylaw.

Every person making any such application to the High Court shall, at the time of filing the notice of motion, pay into Court the sum of 5 pounds as security for the costs of the application.

The costs of any such application shall, as between the applicant and the local authority, whether the local authority appears in support of the bylaw or not, be in the discretion of the Court, and the Court may make an order accordingly.

On any such application the High Court may by order, if it thinks fit, instead of quashing the bylaw or any part thereof, amend the same in such manner as the Court thinks necessary in order to render valid the provisions thereof.

Any amendment so made shall take effect from the making thereof, as if it had been duly made by the local authority by which the bylaw was made, and as if all conditions of the validity and operation of such an amendment, if made by the local authority, had been duly fulfilled.

Any amendment so made may be repealed or amended by the local authority by which the bylaw was made in the same manner as if the amendment had been made by that local authority.

If any bylaw is quashed in part or amended under the provisions of this section, the local authority by which the bylaw was made shall give public notice thereof, and shall in any subsequent publication of the bylaw, or in any copy thereof subsequently issued under the seal of the local authority, set forth the bylaw in the form in which it stands after being so quashed in part or amended.

Every Court, District Court Judge, Justice of the Peace, or Community Magistrate must take judicial notice of every order so made by the High Court quashing or amending a bylaw or any part thereof.

The quashing or amending of a bylaw under this section shall not affect any conviction, order, or judgment theretofore made or given, or any judicial proceedings then pending, in any Court.

Section 12(9): replaced, on 30 June 1998, by section 7 of the District Courts Amendment Act 1998 (1998 No 76).

Validity of bylaws

13 Bylaw not invalid because of discretionary power left to local authority, etc

No bylaw shall be invalid because it requires anything to be done within a time or in a manner to be directed or approved in any particular case by the local authority making the bylaw, or by any officer or servant of the local authority, or by any other person...