• Preamble

  WHEREAS under authority of the Napier Harbour Board Empowering and Loan Act 1884, the Governor did grant to the Napier Harbour Board the portion of the foreshore and land under tidal waters in Hawke's Bay described in Schedule 1 to the said Act for an estate in fee-simple in trust for the use, benefit, and endowment of the Harbour of Napier, but subject to all the provisions of the Harbours Act 1878, relating to lands vested in Harbour Boards, and the said lands are still vested in the said Napier Harbour Board for such estate upon such trusts and subject as aforesaid: And whereas it is desirable for the well-being and enjoyment of the inhabitants of the Borough of Napier and of persons visiting the said borough, and in the interests of the said borough as a health resort, that the said borough should be possessed of convenient and commodious salt-water baths, and no convenient and suitable site for such baths can be obtained except upon some portion of the lands so granted to the Napier Harbour Board as aforesaid and the land described in Schedule 2 hereto and hereinafter referred to: And whereas the said Napier Harbour Board and the Mayor, Councillors, and Burgesses of the Borough of Napier have agreed that the portion of the said foreshore so vested in the Board as aforesaid, which is described in Schedule 1 hereto (and which lies above high-water mark of ordinary tides) is, with the piece of land described in Schedule 2 hereto, a suitable and convenient site for such baths, and the Board is desirous that the said piece of land described in Schedule 1 should be made available for such purpose, and the Corporation is desirous of erecting and maintaining such baths on the lands described in the First and Second Schedules if its tenure of such site can be rendered secure: And whereas so far as concerns the land described in Schedule 1 the Board is unable to afford the Corporation such security of tenure as aforesaid without the authority of Parliament, and it is expedient that for the purposes aforesaid the Board be authorised to lease the said land to the Corporation as hereinafter provided: And whereas that other portion of the said foreshore which is described in Schedule 2 hereto has been shown on a certain plan deposited in the Land Transfer Office at Napier as forming part and parcel of a public road in the Borough of Napier known as Marine Parade, but in fact the said piece of land lies to the seaward or outer side of the sea wall or parapet forming the seaward boundary of the said Marine Parade, and consists of sea-beach only, and has never been formed as a road or used as such, and it is not required for such purpose: And whereas it is doubtful whether the title to the said last-mentioned piece of land is vested in the Corporation, but the said title if not vested in the Corporation is vested in the Crown, and in either case it is necessary for the purpose of carrying out the objects of this Act that the Corporation should have the powers with respect to such piece of land which are hereby conferred:

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