Rotorua Borough Reclamation Empowering Act 1931

Reprint
as at 4 October 1931

Coat of Arms of New Zealand

Rotorua Borough Reclamation Empowering Act 1931

Local Act1931 No 3
Date of assent3 October 1931
Commencement3 October 1931

Note

Changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in this reprint.

A general outline of these changes is set out in the notes at the end of this reprint, together with other explanatory material about this reprint.


An Act to include in the Borough of Rotorua a portion of the bed of Lake Rotorua, to empower the Rotorua Borough Council to reclaim such portion, and to authorise the vesting of lands so reclaimed

1 Short Title
  • This Act may be cited as the Rotorua Borough Reclamation Empowering Act 1931.

2 Including portion of Lake Rotorua in Borough of Rotorua
  • The area particularly described in the Schedule is hereby declared to be included in and to form part of the Borough of Rotorua as from the passing of this Act.

3 Power to reclaim
  • The Rotorua Borough Council (hereinafter referred to as the Council) may, subject to the provisions of section 171 of the Harbours Act 1923, reclaim from the waters of Lake Rotorua the whole or any part or parts of the area described in the Schedule.

4 Authorising vesting of lands reclaimed
  • (1) Upon completion to the satisfaction of the Minister of Marine of the reclamation of the whole or any part of the area described in the Schedule the Governor-General may by Order in Council vest in the Corporation of the said borough, for such purpose or purposes of enjoyment or recreation as he thinks fit, any land so reclaimed.

    (2) All land vested as aforesaid shall, unless otherwise provided in the Order in Council vesting the same, be held by the Corporation subject to the provisions of the Municipal Corporations Act 1920, but leases of land subject to the last-mentioned Act may be granted under the Public Bodies' Leases Act 1908, for the purposes of which the Rotorua Borough Council is hereby declared to be a leasing authority:

    provided that save in the case of a lease granted pursuant to the next succeeding subsection no lease of any such land shall authorise the erection thereon of any building other than a building necessary for the full use of such land for the purpose or purposes for which it was vested as aforesaid:

    provided further that no such building shall be erected save on a site and in conformity with a design, plans, and specifications approved by the Council on the advice of the Town-planning Board.

    (3) Notwithstanding anything contained in the foregoing provisions of this section, the Council may grant to the Board of Maori Arts a lease for such term at such rent and subject to such conditions as may be agreed upon between the Council and the Board of any land so vested as aforesaid adjoining land occupied by the Board.

5 Boundaries of borough to be redefined
  • The boundaries of the Borough of Rotorua as altered by this Act shall be forthwith defined by notice in the Gazette under the hand of the Minister of Internal Affairs.


Schedule

All those portions of Lake Rotorua containing by admeasurement a total combined area of 12 acres 0 roods 37 perches, situated along the lake frontage of the Borough of Rotorua in Block I, Tarawera Survey District: as the same are delineated and edged red on the plan numbered 6821, deposited in the office of the Marine Department, Wellington, and the boundaries of which are as follow:

  • (a) commencing on the shore of Lake Rotorua at the north-eastern corner of Tahererauti No 2 Block, Ohinemutu Pa; thence north-easterly in continuation of the south-eastern boundary of the said block, a distance of 71.44 links, bearing 46°1′40″; thence south-easterly a distance of 1 030.07 links, bearing 115°49′30″, to the western side of a new wharf-approach road; thence south-westerly along the western side of the said road, a distance of 500.18 links, bearing 210°53′, to the lake shore; thence generally north-westerly along the lake shore to the commencing point: containing an area of 3 acres 1 rood 3 perches.

  • (b) commencing at a point where the lake shore and the eastern side of the above-mentioned new wharf-approach road intersect; thence north-easterly along the eastern side of the said road, a distance of 541.09 links, bearing 30°53′, to a point distant 100.39 links, bearing 115°49′30″, from the easternmost corner of the portion (a) hereinbefore described; thence south-easterly a distance of 1 469.08 links, bearing 115°49′30″, to a point on the present waterline of the lake; thence southerly a distance of 215.0 links, bearing 180°1′42″, to the original lake shore at the boundary of the Municipal Reserve; thence generally westerly and north-westerly along the lake shore to the commencing point: containing an area of 8 acres 3 roods 34 perches.

Be the aforesaid dimensions a little more or less.


Contents

  • 1General

  • 2Status of reprints

  • 3How reprints are prepared

  • 4Changes made under section 17C of the Acts and Regulations Publication Act 1989

  • 5List of amendments incorporated in this reprint (most recent first)


Notes
1 General
  • This is a reprint of the Rotorua Borough Reclamation Empowering Act 1931. The reprint incorporates all the amendments to the Act as at 4 October 1931, as specified in the list of amendments at the end of these notes.

    Relevant provisions of any amending enactments that contain transitional, savings, or application provisions that cannot be compiled in the reprint are also included, after the principal enactment, in chronological order. For more information, see http://www.pco.parliament.govt.nz/reprints/ .

2 Status of reprints
  • Under section 16D of the Acts and Regulations Publication Act 1989, reprints are presumed to correctly state, as at the date of the reprint, the law enacted by the principal enactment and by the amendments to that enactment. This presumption applies even though editorial changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in the reprint.

    This presumption may be rebutted by producing the official volumes of statutes or statutory regulations in which the principal enactment and its amendments are contained.

3 How reprints are prepared
  • A number of editorial conventions are followed in the preparation of reprints. For example, the enacting words are not included in Acts, and provisions that are repealed or revoked are omitted. For a detailed list of the editorial conventions, see http://www.pco.parliament.govt.nz/editorial-conventions/ or Part 8 of the Tables of New Zealand Acts and Ordinances and Statutory Regulations and Deemed Regulations in Force.

4 Changes made under section 17C of the Acts and Regulations Publication Act 1989
  • Section 17C of the Acts and Regulations Publication Act 1989 authorises the making of editorial changes in a reprint as set out in sections 17D and 17E of that Act so that, to the extent permitted, the format and style of the reprinted enactment is consistent with current legislative drafting practice. Changes that would alter the effect of the legislation are not permitted.

    A new format of legislation was introduced on 1 January 2000. Changes to legislative drafting style have also been made since 1997, and are ongoing. To the extent permitted by section 17C of the Acts and Regulations Publication Act 1989, all legislation reprinted after 1 January 2000 is in the new format for legislation and reflects current drafting practice at the time of the reprint.

    In outline, the editorial changes made in reprints under the authority of section 17C of the Acts and Regulations Publication Act 1989 are set out below, and they have been applied, where relevant, in the preparation of this reprint:

    • omission of unnecessary referential words (such as of this section and of this Act)

    • typeface and type size (Times Roman, generally in 11.5 point)

    • layout of provisions, including:

      • indentation

      • position of section headings (eg, the number and heading now appear above the section)

    • format of definitions (eg, the defined term now appears in bold type, without quotation marks)

    • format of dates (eg, a date formerly expressed as the 1st day of January 1999 is now expressed as 1 January 1999)

    • position of the date of assent (it now appears on the front page of each Act)

    • punctuation (eg, colons are not used after definitions)

    • Parts numbered with roman numerals are replaced with arabic numerals, and all cross-references are changed accordingly

    • case and appearance of letters and words, including:

      • format of headings (eg, headings where each word formerly appeared with an initial capital letter followed by small capital letters are amended so that the heading appears in bold, with only the first word (and any proper nouns) appearing with an initial capital letter)

      • small capital letters in section and subsection references are now capital letters

    • schedules are renumbered (eg, Schedule 1 replaces First Schedule), and all cross-references are changed accordingly

    • running heads (the information that appears at the top of each page)

    • format of two-column schedules of consequential amendments, and schedules of repeals (eg, they are rearranged into alphabetical order, rather than chronological).

5 List of amendments incorporated in this reprint (most recent first)