Auckland Harbour Board (Reclamations) Empowering Amendment Act 1972

Auckland Harbour Board (Reclamations) Empowering Amendment Act 1972

Local Act1972 No 2
Date of assent29 July 1972

BE IT ENACTED by the General Assembly of New Zealand in Parliament assembled, and by the authority of the same, as follows:

1 Short Title
2 Special Act
  • This Act shall be deemed to be a special Act within the meaning of the Harbours Act 1950.

3 Amending section 5 of principal Act
  • Section 5 of the principal Act is hereby amended by adding to subsection (1) the following proviso:

    Provided that any such development shall make provision for a public reserve on the land first described in Part VA of the First Schedule to this Act so as to provide public access to the Waiuku River.

4 Authority to reclaim
  • Schedule 1 to the principal Act is hereby amended by inserting, after Part 5, the new Part 5A set out in Schedule 1 to this Act.

5 Authority to develop
  • Schedule 2 to the principal Act is hereby amended by inserting, after Part 5, the new Part 5A set out in Schedule 2 to this Act.

6 Authority for Board to transfer land to local authorities
  • The principal Act is hereby further amended by inserting, after section 5, the following section:

    5A Authority for Board to transfer land to local authorities
    • (1) Notwithstanding anything to the contrary in the Harbours Act 1950 or in any other Act, the Board may sell, exchange (and in respect of any such exchange may give or receive any money or other consideration for equality of exchange), transfer, or otherwise dispose of the whole or any part or parts of the areas described in the Second Schedule to this Act (other than the areas described in Parts VI, VII, and VIII of that Schedule) to the local authority having jurisdiction in the district adjoining any such land or, if such land has been reclaimed under the authority of this Act or any other Act, to the local authority in whose district the reclaimed land has been included pursuant to section 9 of this Act, for such industrial, commercial, or other purposes whatsoever as the Board may think fit, with or without consideration, and on such terms and conditions as may be agreed upon by the Board and such local authority.

      (2) Any consideration, or money for equality of exchange, paid by a local authority to the Board for the sale or exchange of any land under subsection (1) of this section may be payable as an annual sum in perpetuity or may otherwise be for such amount or amounts payable at such time or times and in such manner as may be agreed upon by the Board and the local authority.

      (3) The consideration for any such sale, exchange, transfer, or other disposition, and all or any of the terms or conditions thereof agreed to may be evidenced by deed executed by the Board and the local authority which shall bind both parties accordingly.

      (4) Any money received by the Board pursuant to the sale or exchange of any land under subsection (1) of this section shall form part of the general funds of the Board.

      (5) The fee simple of any land vested in a local authority under the authority of this section shall not be sold or otherwise transferred by the local authority, except to the Board, without the prior written consent of the Board and the Minister of Internal Affairs.

7 Adjoining local authority
  • For the purposes of section 9 the principal Act, the Waiuku Borough Council shall be deemed to be the local authority whose district adjoins the land described in Schedules 1 and 2 to this Act.


Schedule 1
New Part 5A of Schedule 1 to Principal Act

Section 4

VA

Waiuku—parts Waiuku River

ALL those areas in the North Auckland Land District, being part of the tidal lands of the Manukau Harbour, situated in Block III, Maioro Survey District, containing a total of 8 acres 3 roods 39 perches, more or less, comprised in part certificate of title, Volume 9B, folio 1172, and comprising—

First: All that area containing 4 acres 2 roods 9 perches, more or less, as shown edged red on the plan numbered SO 47282 (MD 14485) lodged in the office of the Chief Surveyor at Auckland.

Secondly: All that area containing 3 acres 2 roods 7 perches, more or less, as shown edged red on the plan numbered SO 46940 (MD 14486) lodged in the office of the Chief Surveyor at Auckland.

Thirdly: All that area containing 2 roods 20 perches, more or less, as shown edged red on the plan numbered SO 47282 (MD 14485) lodged in the office of the Chief Surveyor at Auckland.

Fourthly: All that area containing 1 rood 3 perches, more or less, as shown edged red on the plan numbered SO 47282 (MD 14485) lodged in the office of the Chief Surveyor at Auckland.

Schedule 2
New Part 5A of Schedule 2 to principal Act

Section 5

VA

Waiuku—parts Waiuku River and land adjoining

ALL those areas in the North Auckland Land District, being part of the tidal lands of the Manukau Harbour, situated in Block III, Maioro Survey District, containing a total of 11 acres 3 roods 5.17 perches, more or less, comprised in part certificate of title, Volume 9B, folio 1172, comprising—

First: All those areas containing a total of 8 acres 3 roods 39 perches as described in the First Schedule.

Secondly: All those areas containing a total of 2 acres 3 roods 6 perches, more or less, as shown coloured green on the plan numbered SO 47282 (MD 14485) lodged in the office of the Chief Surveyor at Auckland.

Thirdly: All that area containing 0.17 perches, more or less, as shown coloured green on the plan numbered SO 47282 (MD 14485) lodged in the office of the Chief Surveyor at Auckland.

Fourthly: All that area in the North Auckland Land District being part Allotment 70A, Village of Waiuku, and reclaimed land, as shown on DP 21325, situated in Block III, Maioro Survey District, containing 1 rood 17 perches, more or less, comprised in certificate of title, Volume 475, folio 20, and as more particularly shown on the plan numbered SO 47282 (MD 14485) lodged in the office of the Chief Surveyor at Auckland and thereon coloured yellow.