It shall not be lawful for the said Board or any person to lay out or make any street, or use, allow, permit, or suffer to be used as a street, or to grant or reserve, or use or permit, allow, or suffer to be used in common with any owner or occupier of lands or buildings adjacent thereto, any right-of-way or passage on or over any land reclaimed by the said Board, or by its order, or with its consent, from the southern side of the Waitemata Harbour, and abutting upon the northern boundary of the Borough of the City of Auckland, except by permission of the body corporate called the Mayor, Councillors, and citizens of the City of Auckland, hereinafter called the Council; and every such street shall be at least sixty-six feet wide, measured at right angles to the course thereof; and the Council may impose upon the said Board, or the person laying out or desiring to lay out such street, or laying out, making, granting, or reserving or using, permitting, allowing, or suffering to be used as aforesaid such right-of-way or passage, such conditions as to width, entrances, course, formation of footways, cost of formation, and otherwise in all respects whatsoever as the Council shall think fit; and if the said Board or any person lays out, or makes or permits to be opened for the use of the public any street, or lays out, makes, grants, or reserves, or uses, permits, allows, or suffers to be used as aforesaid, any right-of-way or passage contrary to the provisions of this Act or the said Act, it or he shall be liable to a penalty of not more than twenty dollars for every day during which such street is so laid out, or made, or open to the use of the public, or such right-of-way or passage is so laid out, or made or suffered to be used as aforesaid, or such grant or reservation remains uncancelled after the day on which it or he receives notice from the Council that such street, or right-of-way, or passage, is contrary to this Act. No plan, deed, or instrument of any kind whereby any street or right-of-way or passage contrary to the provisions of this Act shall be created, recognized, referred to, granted, or reserved, shall be received for deposit or registration under the Deeds Registration Acts, or under the Land Transfer Act for the time being in force.
The word street means the whole of any public highway hereafter to be laid out on the said reclaimed land by or with the sanction of the said Board, and includes every public square or places therein, and every bridge, ford, and ferry on the line of a street.
Right-of-way means any way or passage whatsoever over any part of the said reclaimed land, the right to use which is confined or intended to be confined to certain persons or classes of persons, and which is not open or intended to be open to the use of the public generally.
Nothing in this section contained shall be construed to apply to or shall in any way affect any property belonging to or vested in Her Majesty the Queen or to any Government work executed or being executed under The Public Works Act 1882, or any Act amending the same.