| Local Act | 1938 No 13 |
| Date of assent | 16 September 1938 |
An Act declaring certain Rights-of-way to be vested in the Corporation of the City of Nelson as Streets.
BE IT ENACTED by the General Assembly of New Zealand in Parliament assembled, and by the authority of the same, as follows:—
This Act may be cited as the Nelson City Empowering Act 1938.
It is hereby declared—
(a) That the right-of-way situated in the City of Nelson on parts of Sections 404, 405, 405A, 407A, and 408 on the plan of the said city, and known as Cleveland Road, the said right-of-way being more particularly delineated on plan marked P W D 100586, deposited in the office of the Public Works Department at Wellington, and thereon coloured pink, shall be a street, the fee-simple whereof is hereby vested in the Mayor, Councillors, and Citizens of the City of Nelson:
(b) That the right-of-way situated in the City of Nelson on parts of Sections 42, 51, 52, and 1180 on the plan of the said city, the said right-of-way being more particularly delineated on plan marked P W D 100586, deposited in the office of the Public Works Department at Wellington, and thereon coloured pink, shall be a street, the fee-simple whereof is hereby vested in the Mayor, Councillors, and Citizens of the City of Nelson.
Notwithstanding the provisions of section one hundred and twenty–eight of the Public Works Act 1928, where land having a frontage to either of the streets mentioned in the last preceding section is subdivided into allotments for the purpose of sale the owner shall set back the frontage of the land to a distance of at least twenty feet from the centre-line of such street as it exists at the passing of this Act and shall dedicate as a street the strip of land between the frontage-line so set back and the frontage-line as previously existing, and the land so dedicated shall form part of such existing street:
Provided that the Mayor, Councillors, and Citizens of the City of Nelson shall not be liable to pay any compensation under the provisions of the Public Works Act 1981, for any land so dedicated pursuant to this section.
The reference to the Public Works Act 1981 was substituted, as from 1 February 1982, for a reference to the Public Works Act 1928, pursuant to section 248(1) Public Works Act 1981 (1981 No 35).