THIS DEED made the twentyseventh day of July 1955 BETWEEN THE WELLINGTON HARBOUR BOARD a Harbour Board duly incorporated under the Harbours Act 1950 and having its office in the City of Wellington (hereinafter called
“the Board”) of the first part THE MAYOR COUNCILLORS AND CITIZENS OF THE CITY OF LOWER HUTT a body corporate under the provisions of the Municipal Corporations Act 1954 (hereinafter called
“the City”) of the second part AND THE CHAIRMAN COUNCILLORS AND INHABITANTS OF THE COUNTY OF HUTT a body corporate under the provisions of the Counties Act 1920 (hereinafter called
“the County”) of the third part WHEREAS the Board intends to reclaim certain land being part of the bed of the Harbour of Wellington and more particularly described in the First Schedule hereto for subdivisional building industrial leasing and other purposes AND WHEREAS such land when so reclaimed will be adjacent within the meaning of Section 171 of the Harbours Act 1950 to land under the jurisdiction and forming part of the City and also to other land under the jurisdiction and forming part of the County AND WHEREAS the parties hereto have agreed upon certain matters as hereinafter set out which have arisen or may arise relating to the proposed reclamation and other incidental matters pertaining thereto NOW THIS DEED WITNESSETH and it is hereby covenanted and declared by and among the parties hereto as follows:—
6. NOTWITHSTANDING anything to the contrary herein the parties shall bear and pay the following amounts in respect of the drains hereafter described and more particularly shown on the plan annexed hereto:—
| ||The Board||The City||Total|
|Line B|| ||1,700||1,700|
| || || || |
PROVIDED however that if the actual cost of such drains shall be greater or less than the respective amounts set out in this clause then any additional costs shall be borne proportionately by the Board and City and a similar proportion of abatement shall be made to the Board and the City if the actual cost shall be less than the said respective amounts.
All that piece of land situate in the Land Registration District of Wellington containing twenty one acres two roods nine perches and fifty one one hundredths of a perch (21 acres 2 roods 9.51 perches) being Section 76 of the Harbour District and coloured sepia on a Plan lodged at the Office of the Chief Surveyor at Wellington as Number S.O. 23418 and being the land comprised in Certificate of Title Volume 615 Folio 50 Wellington Registry.