✨ Loan Conversion Order Details




JUNE 28.] THE NEW ZEALAND GAZETTE.

  1. If the holder of any existing securities to which this Order applies does not,
    within the time and in the manner provided by this Order, signify his dissent from the
    conversion of such securities into new securities, the existing securities shall be converted
    into new securities in the same manner as if application had been made under the last
    preceding clause.
  2. Dissent from the conversion of any existing securities may be signified at any
    time before the expiration of fourteen days from the date of conversion.
  3. The dissent of the holder of any existing securities from the conversion of
    those securities into new securities shall be signified in writing, and shall be deemed to
    be signified when such writing is received by the local authority or by any person
    authorized by the local authority to receive it.

SURRENDER OF CONVERTED SECURITIES, AND PAYMENT OF INTEREST THEREON.

  1. The holder of any existing securities converted into new securities (whether
    the conversion is on application or after failure to dissent) shall not be entitled to
    demand payment of any principal or interest payable on the existing securities, or to
    receive the new securities or any instalment of principal and interest payable in respect
    thereof, until he has surrendered the existing securities to the local authority.
  2. Subject to the provisions of the last preceding clause, the interest on any such
    existing securities for the period ending on the date of conversion shall be payable not
    later than one month from the date of conversion.

NEW SECURITIES.

  1. The aggregate amount of principal secured by the new securities to be issued
    in conversion of existing securities to which this Order applies (including new securities
    to be issued by way of premium), together with interest thereon computed at the rate
    of four and one-quarter per centum per annum, shall be repaid by equal half-yearly
    instalments over a period of thirteen years, the first half-yearly instalment to fall
    due and be paid on the first day of April, one thousand nine hundred and thirty-five,
    and subsequent half-yearly instalments to fall due and be paid on every first day of
    October and first day of April thereafter, the last half-yearly instalment to fall due and
    be paid on the first day of October, one thousand nine hundred and forty-seven.
  2. (1) New securities for the amount of each half-yearly instalment of
    principal and interest referred to in the preceding clause shall be issued in the form of
    debentures in the form numbered (2) in the Second Schedule hereto.
    (2) All new debentures shall be numbered consecutively, and as between the holders
    thereof shall rank equally.
    (3) Every new debenture shall state on its face the fact that the holder has no
    claim in respect thereof upon the Government or public revenues of New Zealand.
    (4) Every new debenture shall be signed by the Mayor, countersigned by the
    Treasurer or some other officer appointed by the local authority for the purpose, and
    sealed with the common seal of the local authority.

PREMIUMS.

  1. The holder of any existing securities to which this Order applies shall on the
    conversion of such securities be entitled to receive new securities for the same aggregate
    amount of principal as is secured by the existing securities, and, in addition thereto,
    shall be entitled to receive a premium on such principal computed in accordance with
    the Third Schedule hereto.
  2. (1) Subject to the provisions of this clause as to payment in cash, every
    premium to which any person is entitled under the last preceding clause shall be satisfied
    by issuing to him additional new securities for the amount of such premium, or so much
    thereof as is not paid in cash, as the case may be.
    (2) The local authority may, if it thinks fit, pay in cash the whole or any portion
    of the premium to which any person is entitled.
    (3) All payments of cash in accordance with the last preceding subclause shall be
    made by the local authority out of the local fund and charged to the appropriate account.
    (4) The power of the local authority to issue new securities in accordance with
    this Order shall be deemed to include the power to issue any additional new securities
    required for the purposes of this clause.

PLACE FOR PAYMENT OF PRINCIPAL AND INTEREST.

  1. The principal and interest in respect of new securities shall be payable in New
    Zealand.

CONSOLIDATED SPECIAL RATE.

  1. (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 over the whole of the district
    of the local authority to provide for the payment of the half-yearly instalments of
    principal and interest in respect of the new securities and of the unconverted securities.
    (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 theretofore made in
    respect of any existing securities to which this Order applies shall cease to be a security
    for such existing securities.

SECURITIES HELD BY TRUSTEES.

  1. 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.

  1. 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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✨ LLM interpretation of page content

πŸ’° Tauranga Borough Loans Conversion Order, 1934 (No. 4) (continued from previous page)

πŸ’° Finance & Revenue
25 June 1934
Loans Conversion, Tauranga Borough Council, Local Authorities Interest Reduction, Order in Council