Timaru Harbour Board Reclamation and Empowering Act 1980

Reprint
as at 17 August 1980

Coat of Arms of New Zealand

Timaru Harbour Board Reclamation and Empowering Act 1980

Local Act1980 No 1
Date of assent16 August 1980
Commencement16 August 1980

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 Timaru Harbour Board to reclaim tidal land constituting part of the bed of the Timaru Harbour and to develop and lease such reclaimed land for certain purposes

1 Short Title
  • This Act may be cited as the Timaru Harbour Board Reclamation and Empowering Act 1980.

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

    Board means the Timaru Harbour Board

    Minister means the Minister of Transport

    Act means the Harbours Act 1950.

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
  • The Board 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, to reclaim land constituting part of the bed of the Timaru Harbour, namely the land described in Schedule 1 of this Act or any part of such land as the Board shall determine.

5 Reclamation to be carried out in stages
  • The Board may reclaim the land described in Schedule 1 or any part of such land in stages, and details of each such stage as the Board proposes from time to time, supported by structure plans, showing the scope and extent of the proposed reclamation, shall first be submitted to the Minister for his approval, upon the granting of which the work may proceed.

6 Land to be vested in Board
  • (1) On completion of the reclamation of the land described in Schedule 1 of this Act, or any part of it, in accordance with plans approved pursuant to section 178 of the Act, the Board shall cause a plan of survey thereof to be made and lodge it for deposit in the office of the District Land Registrar for the Canterbury Land Registration District.

    (2) On the deposit of the plan of survey the Commissioner of Crown Lands for the Canterbury Land District shall file in the office of the District Land Registrar a certificate in the form set out in Schedule 2 certified as correct by that Commissioner and the Chief Surveyor.

    (3) Every such certificate shall have the same effect as a warrant issued under section 12 of the Land Transfer Act 1952, and the District Land Registrar shall accordingly vest the land in fee simple in the Board by issuing under that Act a certificate of title for the land in the name of the Board.

    (4) The land comprised in any certificate of title issued pursuant to such a certificate by the Commissioner and the Chief Surveyor shall be subject to the Land Transfer Act 1952 as from the date fixed by the last-mentioned certificate as the date of acquisition of title thereto, and that date shall for all purposes whatsoever be deemed the ante-vesting date in the same manner as if the ante-vesting date had been inserted in a certificate given in respect of the land under section 116 of the Land Act 1948.

    (5) The date fixed by the certificate of the Commissioner and the Chief Surveyor as the date of acquisition of title to the land comprised in that certificate shall be the date on which the certificate is given.

    (6) Every certificate by the Commissioner and the Chief Surveyor under this section shall be conclusive evidence to the District Land Registrar of the matters required by this section to be therein stated.

7 Authority to develop
  • (1) The Board is hereby empowered to carry out all such works as may be necessary to develop from time to time for such industrial, commercial, recreational, or other purposes related to the use of the port as the Board may think fit the land described in Schedule 1 or any part of such land and for such purposes may—

    • (a) subdivide and re-subdivide the same into allotments suitable for the purposes for which the same are to be developed:

    • (b) construct or provide such public works and amenities as may be deemed necessary or desirable for the use, convenience, and enjoyment of such land including—

      • (i) the vesting, creation, or provision of roads, service lanes, access ways, rights of way, and other means of communication or access;

      • (ii) services for water supply, stormwater drainage, sewerage, electric lighting, power, and all other amenities; and

      • (iii) all works necessary to comply with any lawful requirements of any local or public authority.

    (2) The carrying out of any scheme of subdivision under subsection (1) of this section shall be deemed to be a harbour work for the purposes of section 65 of the Act.

8 Reclamation and development 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 Department 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 Town and Country Planning Act 1977:

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

      • (iii) the New Zealand Ports Authority Act 1968:

      • (v) any other enactment which relates to the subdivision of land or the carrying out of works on land or in connection with the subdivision of land.

9 Special leasing powers
  • (1) Notwithstanding anything contained in the Public Bodies Leases Act 1969, it shall be lawful for the Board on completion of the reclamation or any part thereof to lease by private contract or otherwise the same or any part thereof on such terms and conditions and at such rental or rentals as may be approved by the Board.

    (2) Sections 7, 8, 9, 18, and 19 of the Public Bodies Leases Act 1969 shall not apply to the leasing by the Board, or to any lease granted by the Board, pursuant to this section, and any other provision of that Act or any other Act which is inconsistent with the provisions of this section shall be deemed to be modified to the extent of such inconsistency.

10 Repeal
  • The Timaru Harbour Reclamation Act 1894 is hereby repealed.


Schedule 1
Canterbury land district

s 4

13.0350 hectares, more or less, being parts Pacific Ocean, situated in Block XI, Arowhenua Survey District, as shown marked A and B on Survey Office Plan 14958 in the office of the Chief Surveyor at Christchurch.


Schedule 2
Certificate under section 6 of the Timaru Harbour Board Reclamation and Empowering Act 1980 for the issue of a certificate of title under the Land Transfer Act 1952

s 6(2)

The Timaru Harbour Board is entitled to the issue under the Land Transfer Act 1952 of a certificate of title in its name pursuant to section 6 of the Timaru Harbour Board Reclamation and Empowering Act 1980.

Area and description of land:

Date from which entitled:

We hereby certify that the above particulars are correct, and the District Land Registrar is hereby authorised to issue accordingly a certificate of title under the Land Transfer Act 1952.

Signature:
(Chief Surveyor)

Signature:
(Commissioner of Crown Lands)


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 Timaru Harbour Board Reclamation and Empowering Act 1980. The reprint incorporates all the amendments to the Act as at 17 August 1980, 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)