Auckland Harbour Board (Reclamations) Empowering Amendment Act 1976

Auckland Harbour Board (Reclamations) Empowering Amendment Act 1976

Local Act1976 No 10
Date of assent11 December 1976
  • Preamble

    WHEREAS the Manukau Harbour Act 1911 vested certain tidal land in the Manukau Harbour in the Auckland Harbour Board: And whereas such tidal land includes the land more particularly described in Schedules 1 and 2 to this Act: And whereas the Board has agreed to promote a special Act to authorise the Auckland Regional Authority to reclaim certain tidal land known as Pikes Point East for the purpose of disposing of refuse: And whereas the reclamation of the land by the Authority will sever certain other areas of tidal land from the sea: And whereas the Board has agreed with the New Zealand Government Railways Department to promote a special Act to authorise the reclamation of the areas of tidal land severed from the sea (subject always to the special Act being promoted on behalf of the Authority to authorise the Authority to reclaim the land known as Pikes Point East for the purpose of disposing of refuse being first enacted): And whereas the Board will require power to develop the reclaimed land, including the land reclaimed by the Authority: And whereas the Board will require power to transfer certain parts of the land to the Crown and certain parts of other land which the Board is authorised to reclaim pursuant to the Auckland Harbour Board (Reclamations) Empowering Act 1967 to the Authority: And whereas the Board will require further powers to improve and realign certain boundary lines of the reclaimed land:

BE IT THEREFORE 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 Interpretation
  • Section 2 of the principal Act is hereby amended by inserting, before the definition of the term Board, the following definition:

    Auckland Regional Authority means the Auckland Regional Authority, a body corporate constituted under the provisions of the Auckland Regional Authority Act 1963.

4 Authority to reclaim
  • Section 4(2) of the principal Act is hereby amended by inserting, before the words any local authority, the words the Crown, the Auckland Regional Authority, and.

5 Authority for Board to subdivide bed of harbour
  • The principal Act is hereby further amended by inserting, after section 4, the following section:

    4A
    • The Board is hereby authorised, for the purposes of this Act, to divide and separate from its existing title and subdivide the whole or any part or parts of the land described in the First Schedule to this Act (whether reclaimed or not) in such manner as it thinks fit, and may do all such things as may be necessary for that purpose.

6 Authority for Board to transfer land to the Crown and the Auckland Regional Authority
  • Section 5A of the principal Act (as inserted by section 6 of the Auckland Harbour Board (Reclamations) Empowering Amendment Act 1972) is hereby amended—

    • (a) By inserting in subsection (1), before the words to the local authority where they first occur, the words to the Crown or the Auckland Regional Authority or:

    • (b) By omitting from subsection (1) the words such local authority, and substituting the words the Crown, the Auckland Regional Authority, or such local authority, as the case may be:

    • (c) By inserting in subsection (2), before the words a local authority, the words , the Crown, or the Auckland Regional Authority or:

    • (d) By omitting from subsection (2) the words the local authority, and substituting the words the Crown, the Auckland Regional Authority, or the local authority, as the case may be:

    • (e) By omitting from subsection (3) the words the local authority, and substituting the words the Crown, the Auckland Regional Authority, or the local authority, as the case may be,:

    • (f) By inserting in subsection (5), before the words in a local authority, the words in the Auckland Regional Authority or:

    • (g) By inserting in subsection (5), before the words the local authority, the words the Auckland Regional Authority or.

7 Other powers and rights not affected
  • Section 6(1) of the principal Act is hereby amended by adding the following paragraph:

    • (c) The functions and powers of the Auckland Regional Water Board under the Water and Soil Conservation Act 1967 or any other Act.

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

9 Schedule 2 amended
  • Schedule 2 to the principal Act is hereby amended by inserting, after Part 4, the new Part 4A set out in Schedule 2 to this Act.

10 Adjoining local authority
  • For the purposes of section 9 of the principal Act, the local authority whose district adjoins the land or any part of the land described in Schedule 2 to this Act shall be such local authority as may be agreed upon between the Board, the Onehunga Borough Council, and the One Tree Hill Borough Council or, failing agreement, such local authority as is determined by the Local Government Commission on the application of the Board.


Schedule 1
New Part 4A of Schedule 1 to principal Act

IVA
Onehunga-Pikes Point East

ALL those areas situated in the North Auckland Land District containing 7.8100 hectares, more or less, being part tidal lands of the Manukau Harbour, certificate of title, Volume 12D, folio 604 (Limited as to Parcels), Auckland Registry, situated in Block V, Otahuhu Survey District; as more particularly shown marked B, C, D, and E on SO Plan 51332 lodged in the office of the Chief Surveyor at Auckland.

Schedule 2
New Part 4A of Schedule 2 to principal Act

IVA
Onehunga-Pikes Point East

ALL those areas situated in the North Auckland Land District containing 27.5550 hectares, more or less, being part tidal lands of the Manukau Harbour, certificate of title, Volume 12D, folio 604 (Limited as to Parcels), Auckand Registry, situated in Block V, Otahuhu Survey District; as more particularly shown marked A on SO Plan 51331 and shown marked B, C, D, and E on SO Plan 51332 lodged in the office of the Chief Surveyor at Auckand.