✨ Loan Conversion Order Details




2878

THE NEW ZEALAND GAZETTE.

[No. 69

  1. Dissent from the conversion of any existing securities may be signified--
    (a) At any time before the expiration of fourteen days from the date of conversion ;
    or
    (b) In the case of any particular holder, within such further time as the local
    authority may, on account of special circumstances, in its discretion allow.
  2. 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 interest payable in respect of 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 the outstanding principal represented by 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 nineteen years, the first half-yearly instalment to fall due
    and be paid on the thirty-first day of May, one thousand nine hundred and thirty-five,
    and subsequent half-yearly instalments to fall due and be paid on every thirtieth day
    of November and thirty-first day of May thereafter, the last half-yearly instalment to
    fall due and be paid on the thirtieth day of November, one thousand nine hundred and
    fifty-three.
  2. (1) New securities for the amount of each half-yearly instalment 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 Chairman, 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. (1) The holder of any existing securities bearing interest at a rate which, as
    reduced in accordance with Part I of the Act, does not exceed the rate of interest payable
    on the new securities 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.
    (2) The holder of any existing securities bearing interest at a rate which, as reduced
    in accordance with Part I of the Act, exceeds the rate of interest payable on the new
    securities 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) 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.
    (2) 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.

SINKING FUND FOR UNCONVERTED SECURITIES.

  1. (1) If dissent is signified in accordance with the provisions of this Order from
    the conversion of any existing securities issued in respect of any loan in the First
    Schedule hereto for which a sinking fund was provided, 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 persons who at the date of conversion were
    Sinking Fund Commissioners in respect of such loan shall be the first Commissioners.
    (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 in respect of which such existing sinking
    fund is held, and shall pay such sum to the Commissioners yearly and every year until
    the maturity date of such unconverted securities, or until the Commissioners are 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. (1) The existing sinking fund of every loan 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 :β€”
    (a) First, in transferring to the Commissioners 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


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πŸ’° Marlborough County Loans Conversion Order, 1934 (No. 1) (continued from previous page)

πŸ’° Finance & Revenue
10 September 1934
Loan Conversion, Local Authorities, Debentures, Marlborough County, Order in Council