Thames Borough Council Empowering Act 1967

Reprint
as at 25 November 1967

Coat of Arms of New Zealand

Thames Borough Council Empowering Act 1967

Local Act1967 No 18
Date of assent24 November 1967
Commencement24 November 1967

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 vest certain land in the Corporation of the Borough of Thames, to authorise the reclamation of certain land, to authorise the removal of trust provisions in respect of certain lands, and to restrict the granting of mining privileges over the surface of such lands under the provisions of the Mining Act 1926, and to authorise the Corporation to dispose of certain lands

  • Preamble

    Whereas by the certificate of title mentioned in the Schedule the Thames Harbour Board was seized of an estate in fee simple in, inter alia, the lands firstly described in that schedule in trust for the improvement and maintenance of the harbour of the Port of Thames and the construction and maintenance of such harbour works at the said port as might be deemed advisable by the said Board:

    And whereas the said lands, pursuant to section 5 of the Thames Harbour Act 1936, are now vested in the Corporation of the Borough of Thames (in this Act referred to as the Corporation):

    And whereas, pursuant to section 6 of the Reserves and Other Lands Disposal Act 1964, the land secondly described in the Schedule is held by the Corporation upon trust for the improvement and maintenance of the harbour of the Port of Thames and the construction and maintenance of such harbour works at the said port as may be deemed advisable, subject to the provisions of the Thames Harbour Act 1936, and subject to the provision that the Minister of Railways, acting in the name and on behalf of Her Majesty, may at any time resume for railway purposes of the whole or any portion of such land upon payment to the Corporation of the sum (if any) actually expended by the Corporation in reclaiming the land so resumed:

    And whereas the necessity to retain the said lands for the improvement and maintenance of the harbour of the Port of Thames and the construction and maintenance of such harbour works at the said port has now ceased to exist:

    And whereas the lands thirdly described in the Schedule are Crown land forming part of the bed of the Thames Harbour:

    And whereas it is expedient to vest such Crown land in the Corporation, to authorise the reclamation of the lands firstly, secondly, and thirdly described in the Schedule, to remove the trust provisions from the said lands, and to authorise the Corporation to sell or otherwise dispose of the said lands.

1 Short Title
  • This Act may be cited as the Thames Borough Council Empowering Act 1967.

2 Vesting of Crown land
  • The land thirdly described in the Schedule is hereby vested in the Corporation for an estate in fee simple subject nevertheless to the same reservations and restrictions as are imposed by section 59 of the Land Act 1948.

3 Authority to reclaim land
  • The Corporation is hereby authorised, notwithstanding anything in subsections (2) and (3) of section 175 of the Harbours Act 1950, but subject to the provisions of sections 176 to 182 of that Act, to reclaim from the bed of the Thames Harbour any portions of the lands firstly, secondly, and thirdly described in the Schedule that are for the time being below the ordinary spring tide high-water mark.

4 Restriction on granting of mining privileges
  • (1) From the date of the passing of this Act no mining privilege shall, without the prior consent of the Corporation, be granted or created under the provisions of the Mining Act 1926, over the surface of any part of the lands firstly, secondly, and thirdly described in the Schedule, or within a distance of 50 feet from the surface of that part, so long as that part continues to be vested in the Corporation.

    (2) The District Land Registrar shall enter on the register and on every certificate of title issued to the Corporation in respect of the said lands a memorandum stating that the reservations as to minerals therein are subject to the provisions of this section.

5 Removal of trust provisions from title
  • From the date of the passing of this Act, on application by the Corporation and without payment of any fee, the District Land Registrar shall remove the trust provisions from certificate of title, Volume 2020, folio 144, South Auckland Registry, in so far as that title relates to the land firstly described in the Schedule.

6 Removal of trust provisions from title
  • From the date of the passing of this Act, on application by the Corporation and without payment of any fee, the District Land Registrar shall remove the trust provisions from the certificate of title relating to the land secondly described in the Schedule.

7 Vesting of lands in fee simple
  • The lands firstly and secondly described in the Schedule are hereby vested in the Corporation for an estate in fee simple freed and discharged from all trusts and reservations affecting the same immediately before the passing of this Act, but the vesting of those lands shall henceforth be subject to the reservations and conditions in favour of Her Majesty the Queen imposed by section 59 of the Land Act 1948 as if the land so vested had been granted under that Act.

8 District Land Registrar to issue titles
  • The District Land Registrar for the South Auckland Land Registration District is hereby authorised and directed to issue such titles, to make such entries in the register, and to do all such other things as may be necessary to give effect to the provisions of this Act.

9 Sale of land and disposal of proceeds
  • (1) No portion of the lands described in the Schedule situated below high-water mark at ordinary spring tide shall be sold or transferred except with the prior consent of the Minister of Marine.

    (2) Notwithstanding the provisions of subsection (1), before the whole or any part of the land fourthly described in the Schedule is dealt with in accordance with the provisions of this section, the Corporation shall give notice to the Minister of Railways and thereafter the Minister of Railways may, within 3 months after his receiving such notice from the Corporation, take for railway purposes the said land or part thereof upon payment to the Corporation of the sum (if any) actually expended by the Corporation in reclaiming the land so taken, and no compensation shall be payable by the Crown in respect of the taking of such land or any portion thereof except as provided in this subsection.

    (3) The Corporation is hereby empowered from time to time to use and apply all or any of the proceeds of the sale, transfer, lease or letting of any of the lands described in the Schedule for any of the purposes of the Corporation after first meeting therefrom all costs of reclamation and development, and after making therefrom adequate financial provision for the maintenance and development of the harbour works vested in the Corporation.

10 Application of Municipal Corporations Act 1954
  • The powers conferred by this Act on the Corporation are additional to those conferred by the Municipal Corporations Act 1954, and the provisions of that Act shall, so far as the same are applicable, apply to the exercise by the Corporation of the powers hereby conferred as if the powers hereby conferred had been conferred by that Act.

11 Special Act for purposes of Harbours Act 1950
  • This Act shall be deemed to be a special Act for the purposes of the Harbours Act 1950.


Schedule
South Auckland Land District—Borough of Thames

Firstly: Parts Moanataiari 1A, 2A, 3, 4A, 4B, 5, 6, 7, 8A, 8B, and 9 Blocks, Parts Kauaeranga B 10, B 11, B 12, B 12A, B 13, B 13A, and 28A Blocks, Part Karaka B Block, Part Te Tapuae B Block, Part Whakaupapa B Block, Part Te Tapuae Ouenuku B Block, Part Hangaruru B Block, Part B Whakaharatau A Block, Parts B Nokenoke A and B Blocks, Parts B Rangiriri A, D, F, G, H, and L Blocks, Part Whakaruaki B Block, and Part B Kauaeranga S 28 Block all situated in Block IV, Thames Survey District: Area, 185 acres 1 rood 16.7 perches, more or less, excepting nevertheless and reserving to Her Majesty the Queen all minerals within and under the above land together with power to enter upon the said land to search and work for and remove minerals, etc. Part certificate of title 2020/144.

Secondly: Part Thames Foreshore situated in Block IV, Thames Survey District: Area, 35 acres 2 roods 16.2 perches, more or less. Vested in Thames Borough Council in trust for improvement and maintenance of the Harbour of Port of Thames.

Thirdly: Part bed of Thames Harbour (Firth of Thames), part being Part Karaka B Block, Part Te Tapuae B Block, Part Whakaupapa B Block, Part Te Tapuae Ouenuku B Block, Part Hangaruru B Block, Part B Whakaharatau A Block, Parts B Nokenoke A and B Blocks, Parts B Rangiriri A and D Blocks, all situated in Block IV Thames Survey District: Area, 50 acres and 33.6 perches, more or less.

Fourthly: Parts of the land firstly and secondly described in this Schedule being the areas shown edged yellow on a plan marked and numbered LO 22241, in the office of the Minister of Railways, Wellington.


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 Thames Borough Council Empowering Act 1967. The reprint incorporates all the amendments to the Act as at 25 November 1967, 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)