Napier Harbour Board and Napier City (Inner Harbour) Subdivision Act 1966

Napier Harbour Board and Napier City (Inner Harbour) Subdivision Act 1966

Local Act1966 No 12
Date of assent19 August 1966

An Act to authorise the Napier Harbour Board to transfer to the Corporation of the City of Napier part of the Ahuriri Lagoon Reserve and to authorise and empower the Napier City Council to develop and subdivide such land for the purposes of making such land available for building sites and reserves

  • Preamble

    WHEREAS, under the Napier Harbour Board Act 1874, certain lands were reserved and set aside for the use, benefit, and endowment of the Napier Harbour Board (in this Act referred to as the Board): And whereas the land described in the Schedule hereto is portion of such lands: And whereas the Board, being desirous of subdividing certain of its lands situated within the boundaries of the City of Napier, has applied to the Napier City Council (in this Act referred to as the Council) for approval of such subdivision: And whereas the Council and the Board have agreed that, pursuant to the provisions of section 351C of the Municipal Corporations Act 1954, the land described in the Schedule hereto shall be set aside by the Board and vested in the Corporation of the City of Napier: And whereas the Council is of the opinion that there is sufficient land already set aside for reserves and that it is desirable that the land described in the Schedule hereto should be developed and subdivided for the purposes of making such land available for building sites as well as reserves:

BE IT THEREFORE 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 Napier Harbour Board and Napier City (Inner Harbour) Subdivision Act 1966.

2 Special Act

  • This Act shall be deemed to be a special Act within the meaning of the Harbours Act 1950.

3 Authority to reclaim

  • (1) The Council is hereby authorised, notwithstanding anything in section 175 of the Harbours Act 1950, but subject to the provisions of sections 176 to 182 of that Act, to reclaim from the sea any part or parts of the area described in the Schedule hereto.

    (2) The Council may, in the name of and on behalf of the Corporation, enter into any contract with any person for the construction of such reclamation or any part or parts thereof and for the execution of all or any works which may be necessary in connection with any such reclamation and for the other purposes of this Act on such terms and conditions as the Council may think fit.

4 Powers of Harbour Board

  • (1) The Board is hereby authorised and empowered to transfer to the Corporation of the City of Napier such portions of the lands described in the Schedule hereto which are now or are from time to time reclaimed from the sea.

    (2) Upon completion of any of the transfers as aforesaid the land so transferred shall be freed and discharged from all restrictions and reservations affecting the same at the date of the transfer.

5 Powers of Council

  • The Council is hereby authorised and empowered to develop and deal with the land described in the Schedule hereto for the purpose of subdividing the same to provide building sites for sale and to sell or otherwise dispose of the same and to set apart such areas thereof for reserves as the Council may think fit.

6 Provisions of Municipal Corporations Act 1954

  • The provisions of sections 285 and 286 of the Local Government Act 1974 shall not be applicable to the land described in the Schedule hereto.

    The reference to “sections 285 and 286 Local Government Act 1974” were substituted, as from 1 April 1980, for a reference to “s 351C Municipal Corporations Act 1954” pursuant to section 9(1) Local Government Amendment Act 1979 (1979 No 59).

Schedule

ALL that piece of land situate in the Land Registration District of Hawke's Bay and City of Napier containing approximately 61 acres 3 roods, being Lot 1 on Deposited Plan 11351, being part of the Ahuriri Lagoon, and being part of the land comprised and described in certificates of title, HB Volume 58, folio 53, and Volume B2, folio 1055, Hawke's Bay Land Registry.