Wellington City Empowering and Amendment Act 1927

Reprint
as at 23 April 2014

Wellington City Empowering and Amendment Act 1927

Local Act1927 No 4
Date of assent21 September 1927

Note

Changes authorised by subpart 2 of Part 2 of the Legislation Act 2012 have been made in this eprint. See the notes at the end of this eprint for further details.


An Act to confer Additional Powers on the City of Wellington, and to amend the Wellington City Empowering and Amendment Act 1924.

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 and Amendment Act 1927.

2 Definitions
  • [Repealed]

    Section 2: repealed, on 23 April 2014, by section 99(2) of the Ngati Toa Rangatira Claims Settlement Act 2014 (2014 No 17).

3 Vesting of island at Island Bay in Corporation
  • [Repealed]

    Section 3: repealed, on 23 April 2014, by section 99(2) of the Ngati Toa Rangatira Claims Settlement Act 2014 (2014 No 17).

4 Power to construct wharves, slipways, aerial conveyors, incinerators, and works for the disposal of fish-offal
  • [Repealed]

    Section 4: repealed, on 23 April 2014, by section 99(2) of the Ngati Toa Rangatira Claims Settlement Act 2014 (2014 No 17).

5 Amendment of section 6 of the Wellington City Empowering and Amendment Act, 1924
  • Section six of the Wellington City Empowering and Amendment Act 1924, is hereby amended by repealing the whole of the words in the said section down to the end of paragraph (a), and substituting therefor the words,—

    For the purpose of constructing any new street, or of widening, diverting, altering the course of, or extending any street in the city, and in connection with any works so carried out, the Council shall have the following powers:—

    • (a) To take under the Public Works Act 1908, or purchase, or otherwise acquire, the land required for constructing any such new street, or for widening, diverting, altering the course of, or extending any street, together with any land to any depth on either or both of the sides of any such street, or on any such extension of street, or on any such proposed new street.

6 Annulling compulsory dedication for street-widening at Overtoun Terrace, Kilbirnie, Wellington
  • Whereas for the purpose of subdividing Allotment 22 on a plan of the Township of Kilbirnie, deposited in the Lands Registry Office at Wellington as Number 65, Edward Herbert Fisher, of the City of Wellington, clerk, did, pursuant to the provisions of section one hundred and seventeen of the [Public Works Act 1981], for the purpose of widening Overtoun Terrace, a street abutting on the said allotment, by memorandum of transfer dated the fifteenth day of June, nineteen hundred and six, dedicate the land coloured pink on a plan deposited in the Lands Registry Office at Wellington as Number 1739, containing three decimal forty-six perches, more or less: And whereas the land so dedicated fronting the said street is not required for street-widening: And whereas a dwellinghouse is erected partly on the land so dedicated fronting the said street: And whereas the lots on the said deposited plan Number 1739 fronting the said street, part of the balance of the said allotment, have after such dedication been acquired by certain persons (hereinafter referred to as the registered proprietors) as follows:—

    • (i) Robert Cornelius Scanlan, of the City of Wellington, traveller—part Lot 5, and also one undivided moiety in part Lot 6, as shown on certificates of title, Volume 176, folio 52, and Volume 153, folio 277, Wellington Registry:

    • (ii) Olivia Beatrice Rennie, of the City of Wellington, widow—part Lot 6, and also one undivided moiety in other part of said Lot 6, as shown on certificate of title, Volume 176, folio 53, Wellington Registry:

    • (iii) William Josiah Mitchinson, of the City of Wellington, warehouseman—part Lot 7, as shown on certificate of title, Volume 159, folio 58, Wellington Registry:

    • (iv) Theodore Albert Alfred Parker, of the City of Wellington, butcher—part Lot 8, as shown on certificate of title, Volume 153, folio 279, Wellington Registry:

    And whereas the said registered proprietors have requested that the land so dedicated should be vested in the registered proprietors upon the conditions hereinafter appearing, as if the side boundaries of the respective holdings of the said registered proprietors had been extended to meet Overtoun Terrace as such street existed before the said dedication, and as if such holdings so extended had been vested in the said registered proprietors for the estate for which their present holdings are now vested in them respectively: Be it therefore enacted as follows:—

    (1) The land dedicated as aforesaid shall vest in the said registered proprietors respectively as if the side boundaries of the said holdings had been extended to meet Overtoun Terrace as it existed before the said dedication, and as if such holdings so extended had been transferred to the said registered proprietors.

    (2) The District Land Registrar at Wellington is hereby authorized to issue a title for each such extended holding, subject to the encumbrances particularly affecting each such holding shown on certificates of title, Volume 176, folio 52; Volume 153, folio 277; Volume 176, folio 53; Volume 159, folio 58; and Volume 153, folio 279.

    (3) The provisions of section one hundred and seventeen of the Public Works Act 1908, shall not apply to the portion of Overtoun Terrace fronting the said holdings, subject to this condition: that no building shall be erected on such of the said holdings as front Overtoun Terrace within thirty-three feet of the centre-line of Overtoun Terrace.

    (4) The District Land Registrar is authorized to register the provisions of this Act as to non-application of section one hundred and seventeen of the Public Works Act 1908, and the said condition, against all lands affected, as if resolutions in that behalf had been passed by the Wellington City Council, and such condition had been attached by the Governor-General, by an Order in Council under section one hundred and seventeen of the Public Works Act 1908, to his approval of the resolution in respect of Overtoun Terrace of the Wellington City Council.

    (5) All dealings registered before new titles are issued under this Act affecting the said holdings shall affect the said holdings extended as aforesaid.

    (6) The District Land Registrar may call in for correction, and correct, in accordance with the provisions of this section all instruments of title affecting the said Lots 5 to 8 inclusive.

7 Repeal

Schedule

ALL that land in the Wellington Land District, containing by admeasurement 8 acres, more or less, being an irregularly shaped island in Island Bay, Block XIII, Port Nicholson Survey District, and bounded on all sides by the sea: as the same is more particularly delineated on Plan No 132/10, deposited in the office of the Chief Surveyor, Wellington Land District.


Eprint notes
1 General
  • This is an eprint of the Wellington City Empowering and Amendment Act 1927 that incorporates all the amendments to that Act as at the date of the last amendment to it.

2 About this eprint
  • This eprint is not an official version of the legislation under section 18 of the Legislation Act 2012.

3 Amendments incorporated in this eprint
  • Ngati Toa Rangatira Claims Settlement Act 2014 (2014 No 17): section 99(2)