Nelson Harbour Board Empowering Act 1970

Reprint
as at 1 July 1993

Coat of Arms of New Zealand

Nelson Harbour Board Empowering Act 1970

Local Act1970 No 4
Date of assent24 August 1970
Commencement24 August 1970

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 authorise the Nelson Harbour Board to reclaim from the sea certain tidal lands and to develop such reclaimed land for industrial, commercial, and other purposes and to vest certain land of the Board in the Corporation of the City of Nelson

1 Short Title
  • This Act may be cited as the Nelson Harbour Board Empowering Act 1970.

2 Interpretation
  • In this Act, unless the context otherwise requires,—

    Board means the Nelson Harbour Board

    Corporation means the Mayor, Councillors, and Citizens of the City of Nelson as constituted under the Municipal Corporations Act 1954

    local authority means a local authority within the meaning of that term in the Public Works Act 1928.

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

4 Authority for Board to reclaim land
  • (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 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.

5 Authority for Board to develop land
  • (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, 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.

6 Authority for Board to lease or licence
  • (1) The Board may during the reclamation or development of all or any part of the land described in Schedules 1 and 3 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 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.

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

    (2) The land described in Schedule 2 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 in good order, serviceable repair, and condition.

8 Sewage treatment plant
  • The Board may transfer the whole or any part of the land described in Schedule 3 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.

9 Reclamation or development not to prejudice other powers and rights
  • (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 Ministry 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) 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.

    Section 9(1)(a): amended, on 1 July 1993, pursuant to section 38(3) of the Health Amendment Act 1993 (1993 No 24).

10 Powers of District Land Registrar
  • 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.


Schedule 1

Part 1

[Repealed]

  • Part 1: repealed, on 5 December 1979, pursuant to section 11 of the Nelson Harbour Board Empowering Act 1979 (1979 No 11 (L)).

Part 2

All that piece of land containing 1 230 acres, more or less, being part Nelson Harbour Board Endowment, situated in Blocks II, III, VI, and VII, Waimea Survey District, and City of Nelson: as the same is more particularly delineated on a plan deposited in the office of the Marine Department at Wellington under No MD 13558.

Part 3

All that piece of land containing 231 acres 2 roods 1 perch, more or less, being part Nelson Harbour Board Endowment, situated in Block V, Wakapuaka Survey District, being Lot 1, Deposited Plan 5,602, Section 101, District of Suburban North, comprised in certificate of title, Volume 138, folio 40 (Nelson Registry) and Lots 1, 2, and 4 on a plan deposited in the office of the Marine Department at Wellington under No MD 13556.


Schedule 2

All that piece of land containing 7 acres 3 roods 1 perch, more or less, being part Nelson Harbour Board Endowment, situated in Block V, Wakapuaka Survey District, and being Lots 1 and 2 on a plan deposited in the office of the Marine Department at Wellington under No MD 13556.


Schedule 3

All that piece of land containing 140 acres 10 perches, more or less, being part Nelson Harbour Board Endowment, situated in Block V, Wakapuaka Survey District, and being Lot 3 on a plan deposited in the office of the Marine Department at Wellington under No MD 13556.


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 Nelson Harbour Board Empowering Act 1970. The reprint incorporates all the amendments to the Act as at 1 July 1993, 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)
  • Health Amendment Act 1993 (1993 No 24): section 38(3)

    Nelson Harbour Board Empowering Act 1979 (1979 No 11 (L)): section 11