This Act may be cited as the Nelson Harbour Board Empowering Act 1970.

In this Act, unless the context otherwise requires,—

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

(1) Subject to the provisions of the Harbours Act 1950 and of this Act, but notwithstanding anything contained in section 175 of the Harbours Act 1950, the Board may from time to time reclaim from the sea the pieces of land described in Schedules 1 and 3 to this Act or any part or parts thereof.

(2) The Board may in respect of the reclamation of any such piece of land or part thereof grant licences to, or enter into contracts with, any person or with the Corporation or any local authority having jurisdiction in the district adjoining any such piece of land, for the construction of such reclamation and for the execution of all or any necessary works in connection therewith and upon such terms and conditions as the Board may think fit.

(1) The Board is hereby empowered to develop from time to time for such industrial, commercial, or other purposes whatsoever as the Board may think fit, the pieces of land described in Schedule 1 to this Act, or any part or parts thereof, and for such purpose may—

• (a) Subdivide and resubdivide the same into allotments suitable for the purposes for which the same are to be developed subject however to the provisions of the Public Works Act 1928, the Municipal Corporations Act 1954, or Part 2 of the Counties Amendment Act 1961 applicable thereto:

• (b) Construct or provide thereon such public works and amenities as may be deemed necessary or desirable for the use, convenience, and enjoyment of such land for such purposes, including—

  • (i) The vesting, creation, or provision of streets, service lanes, access ways, rights of way, and other means of communication or access:

  • (ii) Services for water supply, drainage, sewerage, electric lighting, power, gas, and all other amenities:

  • (iii) All works necessary to comply with any lawful requirements of any local or public authority.

(2) The Board may by licence or contract permit the Corporation or any local authority having jurisdiction in the district adjoining any land to be reclaimed or developed pursuant to this Act to develop the same in lieu of or in conjunction with the Board whereupon, without further or other authority than this subsection, the Corporation or such local authority shall have and may exercise, in addition to any other powers vested in it under any other Act, all the powers of development vested in the Board by this Act, and such licence or contract may also provide for—

• (a) The Board and the Corporation or other local authority to exchange land and to pay and receive such sums of money or other consideration as may be agreed to for equality of exchange and any money so received shall form part of the general funds of the Board or the local authority as the case may be:

  Provided that neither the Board nor any local authority (including the Corporation) shall enter into a licence or contract to exchange land as aforesaid except in pursuance of a special order or special resolution in that behalf:

• (b) The Corporation or other local authority to make such provision as may be agreed for access to the foreshore, the provision of boating facilities or other aquatic amenities and the maintenance and control thereof, liability for the termination of riparian rights, and such other matters as the Board and the Corporation or other local authority may think fit.

(1) The Board may during the reclamation or development of all or any part of the land described in Schedules 1 and 3 to this Act grant licences in respect of the same to such persons and upon such terms and conditions as the Board may think fit.

(2) Upon the development of all or any of such land the Board may lease the same for any term and upon such rent and conditions and with such rights of renewal as the Board may think fit.

(3) The Board may from time to time accept the surrender of, or vary the terms and conditions of, any lease or licence granted pursuant to this section and upon such terms and conditions as the Board may think fit.

(4) Section 7 of the Public Bodies Leases Act 1969 shall not apply to any leases granted by the Board pursuant to this section in respect of the whole or any part or parts of the land described in Part 1 of Schedule 1 to this Act and sections 8, 18, and 19 of that Act shall not apply to any leases granted by the Board pursuant to this section.

(5) Any local authority may take and execute any lease or licence granted by the Board pursuant to this section or any variation or surrender thereof without further or other authority than this subsection.

(1) The land described in Schedule 2 to this Act is hereby vested in the Corporation for an estate in fee simple subject to subsection (2) and subsection (3) of this section, but otherwise freed and discharged from all former trusts, reservations, and restrictions affecting the same.

(2) The land described in Schedule 2 to this Act shall be subject to an easement in gross which is hereby vested in the Board and under which the Board shall have the full, free, uninterrupted, and unrestricted right, liberty, and privilege for itself, its servants, tenants, agents, workmen, licensees, and invitees (in common with the Corporation, its tenants, and any other person lawfully entitled so to do) from time to time and at all times by day and by night to go, pass, and repass at the Board's will and pleasure with or without horses or other animals and with or without carts, carriages, tools, plant, implements, machinery, and vehicles of all descriptions through, over, and along that land.

(3) The Corporation shall at all times and at its own cost keep the surface of the land described in Schedule 2 to this Act in good order, serviceable repair, and condition.

The Board may transfer the whole or any part of the land described in Schedule 3 to this Act to the Corporation, with or without consideration, for the purposes of a sewage treatment plant and, on registration of the transfer, the land transferred shall vest in the Corporation for an estate in fee simple for those purposes but otherwise freed and discharged from all trusts, reservations, and restrictions theretofore affecting the same.

(1) Nothing in this Act shall be construed as limiting:

• (a) The powers of the Director-General of Health or other proper officers of the Department of Health to make and issue directions and requisitions relating to materials to be used on any reclamation under the authority of this Act and the methods of construction, covering, protection, and maintenance of such reclamation or in respect of any other matter authorised in the Health Act 1956 or in any other Act:

• (b) The application of the provisions of the Town and Country Planning Act 1953.

(2) Nothing in this Act shall entitle the Board, the Corporation, or any local authority or other person to create a nuisance or shall deprive any person of any right or remedy he would otherwise have against the Board, the Corporation, local authority, or other person as the case may be, in respect of any such nuisance, or shall deprive any person of any right or remedy he would otherwise have in respect of any loss, detriment, damage, or injury, caused by any reclamation or development carried out under the authority of this Act whether to property or person and whether in respect of riparian rights, rights of access to or by water, or otherwise howsoever.

(3) The provisions of subsections (1) and (2) of this section shall not limit or prejudice any indemnity entered into by or between the Board, the Corporation, a local authority, or any other person in respect of the rights and liabilities set out herein.

The District Land Registrar for the Nelson Land Registration District is hereby authorised to deposit all such plans, issue all such certificates of title, accept all such documents for registration, make all such entries on the register, and do all such things as may be necessary to give effect to the provisions of this Act.