Otago Harbour Board Vesting, Reclamation, and Empowering Act 1981

  • This version was replaced on 29 September 2016 to make a correction to the Preamble under section 25(1)(j)(ii) of the Legislation Act 2012.

Reprint as at 1 July 2003

Coat of Arms of New Zealand

Otago Harbour Board Vesting, Reclamation, and Empowering Act 1981

Local Act
 
1981 No 9
Date of assent
 
23 October 1981
Commencement
 
23 October 1981
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—

(a)

to give the Otago Harbour Board contingent authority to reclaim certain land; and

(b)

to vest in the Otago Harbour Board that part of the land to be reclaimed which is not already vested in it; and

(c)

to give the Otago Harbour Board contingent authority, for the purpose of an aluminium smelter and for other purposes, to develop, subdivide, and resubdivide the land to be reclaimed and certain land adjacent thereto; and

(d)

to give the Otago Harbour Board special powers to lease the land to be reclaimed and certain land adjacent to the land to be reclaimed; and

(e)

to make provision incidental to the powers conferred on the Otago Harbour Board by this Act

Preamble

Whereas interest has been expressed in developing and using, for the purposes of an aluminium smelter and certain other works, certain land situated at Aramoana: And whereas it will be desirable, if the construction of an aluminium smelter at Aramoana is approved, to reclaim from the waters of the Otago Harbour certain land at Aramoana: And whereas part of the land in respect of which reclamation will so be desirable is vested in the Otago Harbour Board by the Otago Harbour Board Indemnity and Lands Vesting Act 1888 and another part of that land is vested in that Board by the Otago Harbour Board Lands Vesting Act 1910: And whereas the remainder of the land in respect of which reclamation will so be desirable is a piece of Crown land with an area of 1.6 hectares: And whereas it is desirable that provision be made for the vesting in the Otago Harbour Board of that piece of Crown land: And whereas it is desirable that the proposal to construct an aluminium smelter at Aramoana should be considered both in relation to the land proposed to be reclaimed and in relation to certain other land which is adjacent thereto and which is vested in the Otago Harbour Board: And whereas the aluminium smelter, if it is constructed, will be constructed in part on the land proposed to be reclaimed and in part on other land which is adjacent thereto and which is vested in the Otago Harbour Board: And whereas it is desirable that powers in relation to development, subdivision, resubdivision, and leasing be conferred both in respect of the land to be reclaimed and in respect of certain land adjacent thereto and vested in the Otago Harbour Board: And whereas it is desirable that the conferring of those powers should be contingent on the construction of an aluminium smelter at Aramoana being approved or on the reclamation being carried out or on both.

 
1 Short Title

This Act may be cited as the Otago Harbour Board Vesting, Reclamation, and Empowering Act 1981.

2 Interpretation

In this Act, unless the context otherwise requires,—

aluminium smelter includes all related works and any harbour works associated with a smelter or with any such related works

Board means the Otago Harbour Board

district scheme means the district scheme of the Silverpeaks County Council.

3 Special Act

This Act is a special Act within the meaning of the Harbours Act 1950.

4 Vesting

That part of the land described in the Schedule containing 1.6 hectares, more or less, and identified as area C on Survey Office Plan 19779 is hereby vested in the Board for an estate in fee simple.

5 Authority for Board to reclaim

(1)

Subject to the provisions of the Harbours Act 1950 (other than section 175 thereof), and of this Act, the Board is hereby authorised and empowered to reclaim from the waters of the Otago Harbour from time to time the land described in the Schedule of this Act, or any part or parts thereof.

(2)

Notwithstanding anything in subsection (1), the reclamation authorised by that subsection shall not be commenced until the construction of an aluminium smelter (either alone or together with related works or together with harbour works or together with works for other industries) on the land referred to in section 6(1), or on any part or parts thereof, has

(a)
[Repealed]

(b)

been approved or consented to, or otherwise included as a permitted use in the district scheme, pursuant to the provisions of the Town and Country Planning Act 1977.

Section 5(2): amended, on 17 December 1986, by section 2(2)(a) of the National Development Act Repeal Act 1986 (1986 No 122).

Section 5(2)(a): repealed, on 17 December 1986, by section 2(2)(c) of the National Development Act Repeal Act 1986 (1986 No 122).

6 Power to develop reclaimed land and adjacent land

(1)

Subject to section 15, the Board is hereby empowered to develop for the purposes of an aluminium smelter and for other industrial purposes all or any part or parts of—

(a)

the land described in the Schedule; and

(b)

any land which is adjacent to the land described in the Schedule and which is vested in the Board by the Otago Harbour Board Indemnity and Lands Vesting Act 1888 or by the Otago Harbour Board Lands Vesting Act 1910; and

(c)

any stopped road adjacent to the land described in paragraph (a) or paragraph (b) which is vested in the Board.

(2)

In exercising the power conferred on it by subsection (1), the Board may, subject to subsection (3), subdivide and resubdivide any land to which subsection (1) relates, or any part or parts of that land, into allotments suitable for the purpose for which that land or the part or parts are to be developed.

(3)

Except as provided in section 9 and in any other Act, any subdivision or resubdivision effected pursuant to subsection (2) of this section shall be subject to the statutory provisions relating to the subdivision of land (including the relevant provisions of the Local Government Act 1974).

(4)

In exercising the power conferred by subsection (1), the Board may construct or provide such harbour works and such public works or amenities as the Board deems necessary or desirable for the use, convenience, or enjoyment of the land referred to in that subsection, or any part or parts of that land, which works and amenities may include—

(a)

the vesting, creation, or provision of roads, service lanes, access ways, rights of way, and other means of communication and access:

(b)

services for water supply, drainage, sewerage, electric lighting, power, gas, and other amenities:

(c)

a boat launching ramp:

(d)

works necessary to comply with any lawful requirement of any local or public authority.

7 Authority for Board to license

(1)

In addition to all other powers conferred on the Board under this Act, or any other Act, the Board may during the reclamation or development of all or any part of the land referred to in section 6(1) grant licences in respect of the whole or any part thereof to such persons and upon such terms and conditions as the Board may think fit.

(2)

The provisions of section 157 of the Harbours Act 1950 shall not apply to any licence granted under this Act.

8 Authority for Board to lease

(1)

In addition to all other leasing powers conferred on the Board under the Public Bodies Leases Act 1969, or any other Act, the Board may in respect of the land referred to in section 6(1) of this Act, or any part or parts thereof,—

(a)

lease the whole or any part or parts of such land to any person or persons for the purpose of an aluminium smelter for any term not exceeding 50 years, and with such right or rights of renewal not exceeding 21 years, and on such terms and conditions as the Board may think fit:

(b)

accept a surrender of any such lease, whether as to the whole or any part of the land comprised therein, and grant to the lessee, or any person or persons with the consent of the lessee, a new lease or leases of the whole or any part or parts of the land comprised in the surrendered lease for the remainder or any part of the remainder of the term of the surrendered lease, at such rent as may be predetermined for the new lease or leases in the surrendered lease or, if no such rent is predetermined, at such rent as the Board may determine, with such right or rights of renewal and on such terms and conditions as are contained in the surrendered lease or as the Board may (in the case of terms and conditions other than those conferring rights of renewal) otherwise think fit.

(2)

The Board shall not grant a lease pursuant to this section of any land described in the Schedule which has not first been reclaimed from the waters of the Otago Harbour.

(3)

Sections 7, 8, 17, 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.

9 Reserves provision not to apply

Section 289 of the Local Government Act 1974 shall not apply to the land referred to in section 6(1) nor to any subdivision or resubdivision of that land.

10 Land Settlement Promotion and Land Acquisition Act 1952 not to apply

The Land Settlement Promotion and Land Acquisition Act 1952 shall not apply to the leasing by the Board of the whole or any part or parts of the land referred to in section 6(1) of this Act.

11 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 officer of the Department of Health to make and issue directions and requisitions relating to materials to be used in any reclamation constructed under the authority of this Act and the methods of construction, covering, protection, and maintenance of such reclamation, or in respect of any other matters 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)
[Repealed]

(iii)

the Town and Country Planning Act 1977:

(iv)

the Local Government Act 1974 (except as provided in section 9 of this Act):

(v)

the Water and Soil Conservation Act 1967.

Section 11(b)(ii): repealed, on 17 December 1986, by section 2(2)(c) of the National Development Act Repeal Act 1986 (1986 No 122).

12 Board not authorised to create a nuisance, etc

Nothing in this Act shall entitle the Board to create a nuisance or shall deprive any person of any right or remedy he would otherwise have against the Board in respect of any such nuisance, and no restrictions or conditions imposed by the Minister of Transport pursuant to section 178 of the Harbours Act 1950 or requisition or direction issued in accordance with section 11(a), whether or not the Board or any other person has complied with the same, shall restrict the liability of the Board or any other person for any such nuisance:

provided that the construction of any reclamation or other necessary works in connection therewith as authorised by this Act shall not of itself constitute a nuisance.

13 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.

14 Powers of District Land Registrar

The District Land Registrar for the Otago Land Registration District is hereby authorised to deposit all such plans, issue all such certificates of title, accept all such documents for registration, make all such entries in the register, and do all such other things as may be necessary to give effect to the provisions of this Act or of any Order in Council made under section 17.

15 Authority to reclaim and develop to lapse

If, by 1 January 1987, the reclamation authorised by section 5 has not been substantially completed, the authority conferred on the Board by that section and section 6 shall lapse on that day, and no reclamation or development, or no further reclamation or further development, as the case may require, shall be undertaken by the Board, on or after that day, pursuant to either of those sections.

16 Amending Otago Harbour Board Indemnity and Lands Vesting Act 1888
[Repealed]

Section 16: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).

17 Stopping of roads

(1)

Notwithstanding anything in the Local Government Act 1974 or in any other enactment, the Governor-General, from time to time, by Order in Council on the advice of the Minister of Local Government, may stop all or any part of any road, as defined in section 315 of the Local Government Act 1974, which is adjacent to any of the land referred to in section 6(1)(a) and (b) of this Act.

(2)

An Order in Council shall not be made under subsection (1) unless the construction of an aluminium smelter (either alone or together with related works or together with harbour works) on the land referred to in section 6(1), or on any part or parts thereof, has

(a)
[Repealed]

(b)

been approved or consented to, or otherwise included as a permitted use in the district scheme, pursuant to the provisions of the Town and Country Planning Act 1977.

(3)

If a road or part of a road has been stopped under subsection (1), the land comprising the stopped road may be dealt with by the Silverpeaks County Council in the same manner and in all respects as if the road had been stopped pursuant to the Local Government Act 1974.

(4)

[Repealed]

(5)

[Repealed]

(6)

[Repealed]

(7)

[Repealed]

Section 17(2): amended, on 17 December 1986, by section 2(2)(b) of the National Development Act Repeal Act 1986 (1986 No 122).

Section 17(2)(a): repealed, on 17 December 1986, by section 2(2)(c) of the National Development Act Repeal Act 1986 (1986 No 122).

Section 17(4): repealed, on 17 December 1986, by section 2(2)(c) of the National Development Act Repeal Act 1986 (1986 No 122).

Section 17(5): repealed, on 17 December 1986, by section 2(2)(c) of the National Development Act Repeal Act 1986 (1986 No 122).

Section 17(6): repealed, on 17 December 1986, by section 2(2)(c) of the National Development Act Repeal Act 1986 (1986 No 122).

Section 17(7): repealed, on 17 December 1986, by section 2(2)(c) of the National Development Act Repeal Act 1986 (1986 No 122).

18 Inquiry under National Development Act 1979 may be conducted in respect of land not owned by applicants
[Repealed]

Section 18: repealed, on 17 December 1986, by section 2(2)(c) of the National Development Act Repeal Act 1986 (1986 No 122).

Schedule

All those pieces of land situated in the Otago Land Registration District, and in Block V, North Harbour and Blueskin District, containing together 31.1 hectares, more or less, and being identified on Survey Office Plan 19779 and on Plan MD 16063, deposited in the office of the Ministry of Transport at Wellington, as area A (6.5 hectares), area B (23 hectares), and area C (1.6 hectares).

Contents
  • 1

    General

  • 2

    Status of reprints

  • 3

    How reprints are prepared

  • 4

    Changes made under section 17C of the Acts and Regulations Publication Act 1989

  • 5

    List of amendments incorporated in this reprint (most recent first)

Notes
1 General

This is a reprint of the Otago Harbour Board Vesting, Reclamation, and Empowering Act 1981. The reprint incorporates all the amendments to the Act as at 1 July 2003, 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)

Local Government Act 2002 (2002 No 84): section 266

National Development Act Repeal Act 1986 (1986 No 122): section 2(2)