Thorndon Reclamation Act 1882

Thorndon Reclamation Act 1882

Local Act1882 No 14
Date of assent31 August 1882

An Act to authorize the Wellington and Manawatu Railway Company (Limited) to reclaim certain Lands in the Harbour of Wellington, and to provide for the Grant of Part of the same to the Company.

  • Preamble

    WHEREAS by a contract made on the twentieth day of March, one thousand eight hundred and eighty-two, under the provisions of The Railways Construction and Land Act 1881, between Her Majesty the Queen, of the one part, and the Wellington and Manawatu Railway Company (Limited), of the other part, it was amongst other things, agreed that Her Majesty should grant to the Company, so far as she could lawfully do so, the right to deposit any part of the spoil or material which might be taken from cuttings or otherwise, in the execution of the railway-works in the said contract mentioned, upon the land now covered with water within the Harbour of Wellington, the outer lines of which were shown by a brown border in the map marked B, annexed to the said contract, so as to reclaim and raise the level of the said land to a level to be fixed by the Engineer mentioned in the said contract: And whereas the land so mentioned in the said contract is the land described in the Schedule hereto: And whereas it is expedient to authorize the said Company to reclaim the said land in manner provided by the said contract:

BE IT THEREFORE ENACTED by the General Assembly of New Zealand in Parliament assembled, and by the authority of the same, as follows:—

1 Short Title
  • The Short Title of this Act is The Thorndon Reclamation Act 1882.

2 Interpretation
  • In this Act, if not inconsistent with the context,—

    The Company means the Wellington and Manawatu Railway Company (Limited)

    The contract means the said contract of the twentieth day of March, one thousand eight hundred and eighty-two

    The Engineer has the same meaning as that given to the same words in and by the said contract

    The undertaking means the works authorized by this Act, and all other works connected therewith as provided by the contract.

    Provided that this Act shall not be held in any way to override any provisions of any laws for the time being in force relating to public works, or any by-laws, rules, regulations, or instructions issued under the provisions thereof.

3 Company may reclaim land in Schedule
  • The Company may fill up and reclaim the land described in the Schedule hereto, and in doing so is to conform to the provisions of the contract, and to carry on, execute, and complete the undertaking in manner provided by the contract, and to the satisfaction of the Engineer.

4 Company may deposit spoil, &c
  • For the purposes of the undertaking the Company may deposit on the said land any part of the spoil or material which may be taken from cuttings or otherwise in the execution of the railway-works mentioned in the contract, and may also by themselves, or by any contractor for the time being for the execution of the undertaking, take from any private property available for the purpose, but only with the consent of the owner and of any occupier for the time being thereof, any soil or materials which may be necessary for the purposes of the undertaking.

5 Governor may grant part of land to Company
  • [Repealed]

    This section was repealed, as from 30 August 1888, by section 2 Thorndon Reclamation Act 1882 Amendment Act 1888 (1888 No 11(L)). Section 2 of that Act was enacted in lieu of this section. See section 4 of that Act as to certain land being declared to be a public street, and section 5 of that Act as to the Governor being able to grant the company a right to use certain Crown land.

6 Saving rights of Crown
  • Nothing in this Act contained shall prejudice or be deemed to prejudice or affect any right, title, or interest of Her Majesty, her heirs or successors, except in so far as such right, title, or interest is directly affected by the provisions of this Act.


Schedule

ALL that piece or parcel of land now partly covered by water, forming part of the Wellington Harbour, containing by admeasurement twenty-eight acres two roods thirty perches, more or less; commencing at a point on the line of breastwork, the said point being the north-west corner of the piece of land leased to the Thorndon Public Baths Company. Bounded as follows: South-easterly by the north-western boundary of the said lease, and a line being a prolongation of the said boundary, seven hundred and seventy-five links; North-easterly by a line, four thousand links; North-westerly, Westerly, and South-westerly by the seaward face of embankment of the Wellington-Napier Railway, and by portion of breastwork to commencing point: in the manner delineated upon the plan marked MD 636, deposited in the office of the Minister for Public Works, at Wellington, in the Provincial District of Wellington.