Wellington City Empowering Act 1926

Wellington City Empowering Act 1926

Local Act1926 No 9
Date of assent31 August 1926

An Act to confer Additional Powers on the City of Wellington.

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

1 Short Title
  • This Act may be cited as the Wellington City Empowering Act, 1926.

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

    City means the City of Wellington

    Corporation means the Corporation of the Mayor, Councillors, and Citizens of the City of Wellington

    Council means the Wellington City Council.

3 Variation of section 189 of the Municipal Corporations Act 1920 for the City of Wellington
  • (1) The Council may from time to time make by-laws requiring that when new buildings are erected, or any buildings are rebuilt or re-erected, or are substantially rebuilt or re-erected, such buildings shall not stand within fifty feet or less from the middle-line of any street or private street specified in the by-law.

    (2) In the alternative, the Council may from time to time make by-laws requiring that any such buildings on one side of a street or private street shall not stand within one hundred feet or less from the opposite side line of the street or private street.

    (3) Any such by-law may prohibit the adoption of any methods or devices for evading the spirit of this section.

    (4) Every person having any estate or interest in any land on which the erection, rebuilding, or re-erection, or the substantial rebuilding or re-erection, of buildings is forbidden by the operation of any such by-law shall be entitled to full compensation, to be ascertained by a Compensation Court, under The Public Works Act 1981, for his interest in the land so affected if and when the land so restricted in use, being then without any building thereon above the level of the ground, has been by transfer or conveyance dedicated for street purposes to the Corporation for the whole interest of the claimant; and such claim shall be made only by the person lawfully making such dedication.

    (5) If the Corporation at any time takes under The Public Works Act 1981, for street-widening or other purposes any land subject to any restriction imposed by any by-law, every person having any estate or interest in the land so taken shall have a claim in respect of such taking, but shall have no claim under the provisions of this Act.

    (6) In assessing compensation in respect of any claim made in respect of land under the provisions of this section, or in respect of land taken for street-widening or other street purposes in the city, the Compensation Court shall take into consideration the necessity for or advantage of affording greater street space and the betterment accruing to the whole of the adjoining property of the claimant, and such betterment shall be set off against the compensation claimed.

    (7) The powers conferred by this section are additional to those conferred by section one hundred and eighty-nine of the Municipal Corporations Act 1920.

    The references to The Public Works Act 1981 in subsections (4) and (5) were substituted, as from 1 February 1982, for references to The Public Works Act 1908 pursuant to section 248(1) Public Works Act 1981 (1981 No 35).

4 Power to construct wharf on and adjacent to recreation-ground at Island Bay
  • [Repealed]

    This section was repealed, as from 21 September 1927, by section 7 Wellington City Empowering and Amendment Act 1927 (1927 No 4(L)).

5 Fees under the Wellington City Heavy Traffic By-law, 1926 to be retrospective for the year 1925-26
  • The fees fixed by the Council and by any other local authorities to operate within the Highway District No 11 as defined in the Motor-lorry Regulations, 1925, in respect of heavy traffic under the Wellington City Heavy Traffic By-law, 1926, from and on the first day of April, nineteen hundred and twenty-six, shall be retrospective, and shall apply as if such by-law had been in operation on the thirty-first day of March, nineteen hundred and twenty-five; and any person who for the year ending the thirty-first day of March, nineteen hundred and twenty-six, paid a fee in excess of that prescribed under the said by-law shall be entitled to a refund of the difference between the fee so paid and the fee prescribed by the said by-law.