Invercargill City Council (Reclamations) Empowering Act 1973

Reprint
as at 1 June 2002

Coat of Arms of New Zealand

Invercargill City Council (Reclamations) Empowering Act 1973

Local Act1973 No 1
Date of assent30 June 1973
Commencement30 June 1973

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 Invercargill City Council to reclaim tidal land, and to validate certain reclamation of tidal land, and to develop and dispose of such reclaimed land, and to authorise expenditure of certain money

1 Short Title
  • This Act may be cited as the Invercargill City Council (Reclamations) Empowering Act 1973.

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

    Act means the Harbours Act 1950

    Corporation means the Invercargill City Council

    Council means the Invercargill City Council.

    Section 2 Corporation: amended, on 1 April 1978, pursuant to section 9(6) of the Local Government Amendment Act (No 3) 1977 (1977 No 122).

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

4 Authority to carry out reclamation
  • (1) Notwithstanding anything in section 175 of the Act, but subject to the provisions of sections 176 to 182 of the Act, the Corporation is hereby empowered to reclaim from the sea such parts of the land described in Schedule 1 as have not yet been fully reclaimed from the sea.

    (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 or expedient 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.

5 Validation of reclamation of certain land
  • The reclamation by the Corporation of the land described in Schedule 2 is hereby validated and declared to have been lawful.

6 Reclamation to be to satisfaction of Minister
  • No part of the land reclaimed or to be reclaimed shall be sold or leased or otherwise disposed of until the Minister of Transport has first certified that the reclamation of the land to be sold, leased, or otherwise disposed of has been completed to his satisfaction.

7 Authority to develop and dispose of reclaimed land
  • (1) Subject to section 6, the Corporation may—

    • (a) lease any part of the land described in Schedules 1 and 2; or

    • (b) with the consent of the Minister of Local Government and subject to such terms and conditions as that Minister thinks fit to specify, sell or exchange any part of the said land—

    by public auction, public tender, private treaty, or otherwise on such terms and conditions as it thinks fit, and may declare any part of the said land to be a public reserve in accordance with the Reserves Act 1977.

    (2) On the sale or exchange of any part of the said land, or on the declaration of any part thereof to be a public reserve, all trusts and reservations theretofore affecting the same shall be deemed to be cancelled.

    Section 7(1): amended, on 1 April 1978, pursuant to section 125(1) of the Reserves Act 1977 (1977 No 66).

8 Authority to dispose of proceeds of sale, etc
  • The proceeds from any sale or leasing of any part of the land described in Schedules 1 and 2 may be applied by the Corporation for the following purposes:

    • (a) the reclamation, improvement, or development of other parts of the said land:

    • (b) the development of other endowment land for municipal purposes within the City of Invercargill:

    • (c) the purposes of any public work within the City of Invercargill.

9 Authorising expenditure of surplus proceeds of sale of former reclamation
  • Notwithstanding anything to the contrary in subsection (8) of section 32 of the Local Legislation Act 1959 (as amended by section 3 of the Local Legislation Act 1974), the Corporation is hereby authorised to expend the proceeds of the sale or leasing of the land referred to in subsection (10) of that section in the manner provided by section 8 of this Act.

    Section 9: amended, on 8 November 1974, by section 3(3) of the Local Legislation Act 1974 (1974 No 147).

10 Reclamation not to prejudice other powers and rights
  • 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 the materials to be used on any reclamation under the authority of this section, and the methods of construction, covering, protecting, 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.

    Section 10(a): amended, on 1 July 1993, pursuant to section 38(3)(a) of the Health Amendment Act 1993 (1993 No 24).

11 Council not authorised to create a nuisance
  • Nothing in this Act shall entitle the Corporation to create a nuisance or shall deprive any person of any right or remedy he would otherwise have against the Corporation or any other person in respect of any such nuisance, and no restriction or condition imposed by the Minister of Transport pursuant to section 178 of the Act or requisition or direction issued in accordance with paragraph (a) of section 10 of this Act, whether or not the Corporation has complied with the same, shall restrict the liability of the Corporation for any such nuisance.


Schedule 1

All those areas containing together 279 acres 2 roods 16 perches (113.150 hectares), more or less, as shown edged pink and described as “Proposed Reclamation” and “Proposed Oxidation Ponds” on the plan numbered SO 8352 (MD 14949) lodged in the office of the Surveyor-General.

  • Schedule 1: amended, on 1 June 2002, pursuant to section 69(1) of the Cadastral Survey Act 2002 (2002 No 12).


Schedule 2

All those areas containing together 78 acres 3 roods 8 perches (31.8889 hectares), more or less, as shown edged pink and described as “Existing Reclamation” and “Existing Sludge Lagoon” on the plan numbered SO 8352 (MD 14949) lodged in the office of the Surveyor-General.

  • Schedule 2: amended, on 1 June 2002, pursuant to section 69(1) of the Cadastral Survey Act 2002 (2002 No 12).


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 Invercargill City Council (Reclamations) Empowering Act 1973. The reprint incorporates all the amendments to the Act as at 1 June 2002, 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)