β¨ Government Orders and Rules
of law, where a local authority or public body has been authorized before the passing of the said Act, or is thereafter authorized, to borrow money, whether pursuant to a poll of ratepayers or otherwise howsoever, whether the rate of interest or the term of years of the loan was or was not specified or determined, and such money or any part thereof has not been borrowed, the local authority may, with the precedent consent of the Minister of Finance, borrow such money, or such amount thereof as has not been borrowed, at such rate of interest, or for such term, as may by prescribed by the Governor-General by Order in Council:
And whereas the Levin Borough Council has been authorized to borrow the sum of twenty-four thousand pounds for the erection of Municipal Buildings, and is now desirous of borrowing an additional sum of two thousand four hundred pounds under the authority of section eighteen of the Local Bodies' Loans Act, 1913, for completing the erection of the buildings:
And whereas the Minister of Finance has given his precedent consent as required by the above-recited section eleven, and it is desired that the rate of interest at which the money may be borrowed be not exceeding six per centum per annum:
Now, therefore, His Excellency the Governor-General of the Dominion of New Zealand, in pursuance and exercise of the power and authority vested in him as aforesaid, and acting by and with the advice and consent of the Executive Council of the said Dominion, doth hereby prescribe that the rate of interest that may be paid by the Levin Borough Council in respect of the said loan of two thousand four hundred pounds shall be a rate not exceeding six per centum per annum, and the said Levin Borough Council is hereby authorized to borrow the said sum of two thousand four hundred pounds accordingly.
F. D. THOMSON,
Clerk of the Executive Council.
Prescribing the Rate of Interest that may be paid by the Maniototo County Council in respect of a Loan of Β£2,350, authorized to be raised for the purpose of extinguishing the Residue of Council's Antecedent Liability.
CHARLES FERGUSSON, Governor-General.
ORDER IN COUNCIL.
At the Government House at Wellington, this 18th day of May, 1925.
Present:
His Excellency the Governor-General in Council.
WHEREAS by section eleven of the Finance Act, 1921, and its amendments, it is provided that, notwithstanding anything to the contrary in any Act or in any rule of law, where a local authority or public body has been authorized before the passing of the said Act, or is thereafter authorized, to borrow money, whether pursuant to a poll of ratepayers or otherwise howsoever, whether the rate of interest or the term of years of the loan was or was not specified or determined, and such money or any part thereof has not been borrowed, the local authority may, with the precedent consent of the Minister of Finance, borrow such money, or such amount thereof as has not been borrowed, at such rate of interest, or for such term, as may be prescribed by the Governor-General by Order in Council:
And whereas the Maniototo County Council has been authorized to borrow the sum of two thousand three hundred and fifty pounds for the purpose of extinguishing the residue of Council's antecedent liability:
And whereas the Minister of Finance has given his precedent consent as required by the above-recited section eleven, and it is desired that the rate of interest at which the money may be borrowed be not exceeding five and three-quarters per centum per annum:
Now, therefore, His Excellency the Governor-General of the Dominion of New Zealand, in pursuance and exercise of the power and authority vested in him as aforesaid, and acting by and with the advice and consent of the Executive Council of the said Dominion, doth hereby prescribe that the rate of interest that may be paid by the Maniototo County Council in respect of the said loan of two thousand three hundred and fifty pounds shall be a rate not exceeding five and three-quarters per centum per annum, and the said Maniototo County Council is hereby authorized to borrow the said sum of two thousand three hundred and fifty pounds accordingly.
F. D. THOMSON,
Clerk of the Executive Council.
Rules of Court under the Administration of Justice Act, 1922.
CHARLES FERGUSSON, Governor-General.
ORDER IN COUNCIL.
At the Government House at Wellington, this 18th day of May, 1925.
Present:
His Excellency The Governor-General in Council.
In pursuance and exercise of the powers and authorities conferred by section fifty-one of the Judicature Act, 1908, and by section seven of the Administration of Justice Act, 1922, His Excellency the Governor-General of the Dominion of New Zealand, acting by and with the advice and consent of the Executive Council thereof, and with the concurrence of the Chief Justice of New Zealand, and of two other Judges of the Supreme Court of New Zealand, doth hereby make the rules set forth in the Schedule hereto for regulating the practice and procedure in respect of proceedings under Part I of the Administration of Justice Act, 1922, and doth hereby declare that such rules shall come into force on the twenty-first day of May, one thousand nine hundred and twenty-five.
SCHEDULE.
- Any application under section 4 of the Administration of Justice Act, 1922 (hereinafter referred to as "the said Act") to have a judgment registered shall be made ex parte by motion in Chambers.
- The notice of such motion and all affidavits filed in connection therewith and all other proceedings in connection with the judgment shall be intituled "In the matter of the Administration of Justice Act, 1922, and In the matter of a judgment of the [Describing the Court] obtained in [Describing the cause or matter], and dated the day of 19".
- Subject to the express provisions herein contained, the provisions of the Code of Civil Procedure with regard to motions shall apply to such motion.
- The motion shall be supported by an affidavit of the facts exhibiting the judgment or a verified or certified or otherwise duly authenticated copy thereof and stating that to the best of the information and belief of the deponent the judgment creditor is entitled to enforce the judgment and the judgment does not fall within any of the cases in which under section 4 (2) of the said Act a judgment cannot properly be ordered to be registered. The affidavit must give, so far as the deponent can, the full name, title, trade or business, and usual or last known place of abode or business of the judgment creditor and judgment debtor respectively.
- The order giving leave to register shall be drawn up on behalf of the judgment creditor and shall state the time within which the judgment debtor is to be entitled to apply to set aside the registration. Such time shall be fixed by the judge when making the order and shall be not less than fourteen days after the service on the judgment debtor of the notice of registration as hereinafter provided.
- A register of judgments ordered to be registered under the said Act shall be kept in each Registry of the Supreme Court. Every judgment shall be registered in accordance with the order giving leave to register it in the Registry in which such order shall have been sealed.
- Each register shall be arranged in alphabetical order in the surname of the judgment debtor, and there shall be entered in the register the date of the order for registration, the name, title, trade or business, and usual or last known place of abode or business of the judgment debtor and judgment creditor and the amount for which the judgment is signed and any special directions contained in the order for registration and the particulars of any execution issued thereon.
- Notice in writing of the registration of the judgment shall be served on the judgment debtor within a reasonable time after such registration. Such notice shall be served on the judgment debtor by personal service as in the case of a writ of summons, but the Judge may order substituted service or service out of the jurisdiction or both and may at any stage of the proceedings authorize or direct some other mode of service, and if he makes any order as to service then service shall be effected in accordance with such order.
- The notice of registration shall contain full particulars of the judgment and of the order for such registration, and shall state the name and address of the judgment creditor or of his solicitor or agent on whom and at which service of any summons issued by the judgment debtor may be served. The notice shall state that the defendant is entitled, if he has grounds for doing so, to apply to set aside the registration, and shall also state the number of days for applying to set aside the registration limited by the order giving leave to register.
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VUW Te Waharoa —
NZ Gazette 1925, No 38
NZLII —
NZ Gazette 1925, No 38
β¨ LLM interpretation of page content
π°
Prescribing Interest Rate for Levin Borough Council Loan
(continued from previous page)
π° Finance & Revenue18 May 1925
Loan, Interest Rate, Levin Borough Council, Municipal Buildings
- F. D. Thomson, Clerk of the Executive Council
π° Prescribing Interest Rate for Maniototo County Council Loan
π° Finance & Revenue18 May 1925
Loan, Interest Rate, Maniototo County Council, Antecedent Liability
- F. D. Thomson, Clerk of the Executive Council
βοΈ Rules of Court under the Administration of Justice Act, 1922
βοΈ Justice & Law Enforcement18 May 1925
Court Rules, Judgment Registration, Administration of Justice Act, Supreme Court
- Charles Fergusson, Governor-General