✨ Loan Conversion Order
Dec. 18.] THE NEW ZEALAND GAZETTE. 3397
(2) All payments of cash in accordance with the last preceding subclause that are
not made out of any sinking fund pursuant to the provisions of this Order in that behalf
shall be made by the local authority out of the local fund and charged to the appropriate
account.
PLACE FOR PAYMENT OF PRINCIPAL AND INTEREST.
- The principal and interest in respect of new securities shall be payable in New
Zealand.
SINKING FUND FOR UNCONVERTED SECURITIES.
- (1) If dissent is signified in accordance with the provisions of this Order from
the conversion of any existing securities to which this order applies issued in respect of
the loan referred to in the First Schedule hereto, the local authority, in order to provide
funds for the repayment of the unconverted securities issued in respect of such loan,
shall forthwith make provision for the creation, pursuant to a resolution of the local
authority, of a sinking fund of which the Public Trustee shall be the Commissioner.
(2) For such purpose the local authority shall permanently appropriate a sum
which bears the same proportion to the annual contribution payable, before the date
of conversion, to the existing sinking fund of such loan as the aggregate amount of principal
secured by such unconverted securities bears to the aggregate amount of principal secured
by all the existing securities issued in respect of such loan, and shall pay such sum to the
Commissioner yearly and every year until the maturity date of such unconverted
securities, or until the Commissioner is satisfied that the accumulations of sinking fund will
suffice to redeem such securities at maturity.
(3) The first of such yearly payments shall be made not later than one year after
the date on which the last annual contribution payable before the date of conversion
to the existing sinking fund of such loan was payable.
(4) Subject to the provisions of this Order, the provisions of sections forty to
forty-four of the Local Bodies’ Loans Act, 1926, shall, so far as applicable and with
all necessary modifications, apply with respect to such sinking fund :
Provided that nothing in the said sections or in this Order shall authorize the
removal or suspension of the Public Trustee as Commissioner of any sinking fund.
APPLICATION OF EXISTING SINKING FUNDS.
- (1) The existing sinking fund of the loan referred to in the First Schedule
hereto shall be applied by the Commissioner thereof in or towards making the following
payments, in the following order of priority, namely :—
(a) First in transferring to the Commissioner of the sinking fund hereinbefore required
to be created for the unconverted securities issued in respect of such loan a
sum which bears the same proportion to the amount of such existing sinking
fund at the date of conversion as the aggregate amount of principal secured
by such unconverted securities bears to the aggregate amount of principal
secured by all the existing securities issued in respect of such loan ;
(b) Secondly, in payment in accordance with the directions of the local authority of
any cash payments required or authorized by this Order to be made in respect
of premiums ;
(c) Thirdly, so far as it will extend, in repayment at the date of conversion of
the principal secured by the existing securities.
(2) Interest up to the date of conversion on any existing securities so repaid in
accordance with paragraph (c) of the last preceding subclause shall be paid by the local
authority out of the local fund.
CONSOLIDATED SPECIAL RATE.
- (1) As a security for the new securities and the unconverted securities the
local authority shall forthwith, by resolution gazetted (in the form numbered (3) in the
Second Schedule hereto), make and levy a special rate to provide for the payment of
the half-yearly instalments of principal and interest in respect of the new securities and of
interest and sinking fund in respect of the unconverted securities. Such special rate
shall be made and levied over the whole of that area of the district of the local authority
over any part of which any existing special rate in respect of the loan specified in the
First Schedule hereto was made and levied.
(2) Subject to the provisions of this Order, the provisions of the Local Bodies’
Loans Act, 1926, and of any other Act shall, so far as applicable and with all necessary
modifications, apply with respect to such special rate, and with respect to the principal,
interest, and other charges in respect of such securities, as if such special rate were made
and levied in respect of a special loan raised under Part I of the said Local
Bodies’ Loans Act, 1926.
(3) Upon the making of such special rate every special rate heretofore made in
respect of any existing securities to which this Order applies shall cease to be a security
for the existing securities to which this Order applies.
SECURITIES HELD BY TRUSTEES.
- The provisions of sections twenty-two, twenty-three, and twenty-four of the
New Zealand Debt Conversion Act, 1932-33 (relating to the adjustment of premiums as
between capital and income and to the powers of trustees and other persons in relation
thereto), shall apply with respect to existing securities converted into new securities in
accordance with this Order in the same way as they apply with respect to securities
converted under that Act, save that the references in the said section twenty-two to the
first day of April, one thousand nine hundred and thirty-three, shall be construed as
references to the day following the date of conversion.
BROKERAGE.
- The local authority shall not, in respect of the conversion into new securities
of any existing securities to which this Order applies, enter into any contract for the
payment of brokerage at a rate exceeding one-quarter per centum of the amount of such
existing securities.
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VUW Te Waharoa —
NZ Gazette 1933, No 86
NZLII —
NZ Gazette 1933, No 86
✨ LLM interpretation of page content
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Hawera Borough Loans Conversion Order, 1933 (No. 5)
(continued from previous page)
💰 Finance & Revenue15 December 1933
Loan Conversion, Debentures, Local Authorities, Hawera Borough Council, Order in Council