Mount Maunganui Borough Reclamation and Empowering Act 1975

  • repealed
  • Mount Maunganui Borough Reclamation and Empowering Act 1975: repealed, on 14 November 2012, by section 4 of the Mount Maunganui Borough Reclamation and Empowering Act Repeal Act 2012 (2012 No 3 (L)).

Reprint
as at 14 November 2012

Coat of Arms of New Zealand

Mount Maunganui Borough Reclamation and Empowering Act 1975

Local Act1975 No 11
Date of assent30 September 1975
Commencement30 September 1975
  • Mount Maunganui Borough Reclamation and Empowering Act 1975: repealed, on 14 November 2012, by section 4 of the Mount Maunganui Borough Reclamation and Empowering Act Repeal Act 2012 (2012 No 3 (L)).


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 Mount Maunganui Borough Council to reclaim tidal lands constituting part of the bed of the Harbour of Tauranga and to develop such reclaimed land for sewerage and other municipal purposes

1 Short Title
  • This Act may be cited as the Mount Maunganui Borough Reclamation and Empowering Act 1975.

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

    Act means the Harbours Act 1950

    board means the Bay of Plenty Harbour Board

    borough means the Mount Maunganui Borough Council

    county means the Tauranga County

    land means the land described in the Schedule.

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

4 Authorising the board to transfer land
  • Whereas the board is the owner of the land:

    And whereas it is expedient that the board should be authorised to transfer the land to the borough:

    Be it therefore enacted as follows:

    The board is hereby authorised and empowered to transfer the land to the borough.

5 Authority to carry out reclamation
  • The borough is hereby authorised and empowered, notwithstanding anything contained in section 175 of the Act, but subject to the provisions of sections 176 to 182 of the Act, and to section 6 of this Act, to reclaim the land constituting part of the foreshore of the Harbour of Tauranga, namely, the land described in the Schedule.

6 Prior authorities, consents, and approvals
  • (1) Before any reclamation is commenced or carried out, the board shall obtain all authorities, consents, or approvals required under the Town and Country Planning Act 1953 and the Water and Soil Conservation Act 1967.

    (2) Whereas the land is within the district of the county:

    And whereas the land is marked “Tauranga Harbour” on the District Planning Map of the Tauranga County District Scheme (Balance of County Section):

    And whereas the borough desires to make application forthwith to allow the land to be reclaimed and used for oxidation ponds and associated works purposes:

    Be it therefore enacted as follows:

    The borough may make an application to the county for the zoning of the land in the district scheme of the county to allow its use for oxidation ponds and associated works and such application shall be deemed to be an application pursuant to section 35 of the Town and Country Planning Act 1953 for a departure from the district scheme of the county.

7 Reclamation not to affect 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 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—

      • (i) the Public Works Act 1928:

      • (ii) the Town and Country Planning Act 1953:

      • (iii) the Counties Act 1956:

      • (iv) the Water and Soil Conservation Act 1967:

    • (c) any right of resumption by the Crown specified in section 6 of the Tauranga Foreshore Vesting and Endowment Act 1915 or any right to compensation specified in section 4 of that Act.

    Section 7(a): amended, on 1 July 1993, pursuant to section 38(3)(a) of the Health Amendment Act 1993 (1993 No 24).

8 Borough not authorised to create a nuisance
  • Nothing in section 5 shall entitle the borough to create a nuisance or shall deprive any person of any right or remedy he would otherwise have against the borough 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 7, whether or not the borough has complied with the same, shall restrict the liability of the borough for any such nuisance.

9 Compensation
  • Nothing in this Act 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, development, or work constructed or carried out under the authority of this Act, whether to property or person and whether in respect of the deprivation of any water frontage or riparian rights or otherwise howsoever.


Schedule

All that area in the South Auckland Land District, Tauranga County, situated in Block XI, Tauranga Survey District, containing 73.5 hectares, more or less, being Part Tauranga Harbour Bed as shown on Survey Office Plan 47280 (MD 15099).


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 Mount Maunganui Borough Reclamation and Empowering Act 1975. The reprint incorporates all the amendments to the Act as at 14 November 2012, 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)