Lakes District Waterways Authority (Shotover River) Empowering Act 1985

Reprint
as at 1 March 1988

Coat of Arms of New Zealand

Lakes District Waterways Authority (Shotover River) Empowering Act 1985

Local Act1985 No 2
Date of assent3 April 1985
Commencement3 April 1985
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 empower the Lakes District Waterways Authority to make bylaws relating to the use of part of the Shotover River and to provide for certain other related matters

1 Short Title

  • This Act may be cited as the Lakes District Waterways Authority (Shotover River) Empowering Act 1985.

2 Interpretation

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

    Act means the Harbours Act 1950

    Authority means the Lakes District Waterways Authority constituted by the Lakes District Foreshore, Lakeshore, Lakebed, Riverbed, and Waters Control Order 1983 published in Gazette 1983, Vol II, at page 2010

    class of vessel includes a class of vessel defined by reference to ownership, or the person or persons who operate the vessel, or by reference to its design or the materials used in its construction

    river means that part of the Shotover River between Tucker Beach and the Edith Cavell Bridge

    vessel has the same meaning as in the Act; and includes any raft or canoe.

3 Power to make bylaws

  • (1) The Authority may from time to time make bylaws—

    • (a) empowering the Authority to—

      • (i) reserve, for such period or periods as may be specified by the Authority, the use of the river to any person, vessel, or class of vessel so specified for any activity so specified:

      • (ii) prohibit the use of the river during the specified period or periods for all other activities by other persons or vessels:

    • (b) prescribing the charge or charges to be paid to the Authority in respect of the use of the river by any person, vessel, or class of vessel for whom or for which any such reservation is made.

    (2) Any bylaw made under subsection (1) may empower the Authority to—

    • (a) reserve the use of the river not only to any specified person, vessel, or class of vessel but also to any person, vessel, or class of vessel authorised by any person, or operator of a vessel or class of vessel, for whom or for which the reservation is made for such activities as may be specified by the Authority:

    • (b) make any reservation unconditional or make it subject to conditions or limitations to be met by or observed by any person, vessel, or class of vessel for whom or for which the reservation is made.

    (3) Any charge or charges prescribed pursuant to subsection (1)(b) shall be prescribed on the basis of—

    • (a) the use of the river by vessels; or

    • (b) the number of passengers carried on such vessels; or

    • (c) the period or periods during which the river is used; or

    • (d) the period of any reservation; or

    • (e) the fare charged for passengers; or

    • (f) a percentage of gross revenue earned from operations on the river; or

    • (g) any combination of the bases set out in paragraphs (a) to (f).

    (4) The powers conferred by this section shall be in addition to and shall not derogate from the bylaw-making powers of the Authority under the Act or any other enactment.

    (5) Bylaws made under this section shall be made in the manner specified in section 232A(1)(ca) of the Act, and sections 235, 236, 237, and 239 of the Act shall apply to any such bylaws as if the Authority was a harbour board; and, for the purpose of the application of those provisions to such bylaws, the Authority shall be deemed to be a harbour board and may do or suffer all those things that a harbour board may do or suffer in respect of its bylaws.

    (6) Section 8A(8) and (9) of the Act shall apply in respect of any bylaws made pursuant to this section as if they were made pursuant to the said section 8A.

4 Authority's powers to be exercised fairly and without bias

  • The powers conferred on the Authority by any bylaws in force under section 3(1)(a) shall be exercised fairly and without bias.

5 Appeals against Authority's decisions

  • (1) Any person aggrieved by any decision of the Authority made under any bylaws in force under section 3(1)(a) may, within 21 days after the date of the decision or within such further time as the court on application may allow, appeal against that decision to the District Court having civil jurisdiction nearest to the river.

    (2) For the purposes of hearing the appeal the court shall have all the powers vested in it in its civil jurisdiction.

    (3) On hearing the appeal the court may make such order as it thinks fit, and every such order shall be binding on the parties.

    (4) Every decision of a District Court under this section shall be final.

6 Expiry of bylaws

  • Any bylaws made pursuant to section 3 shall be deemed to be revoked on the expiry or sooner revocation of the Lakes District Foreshore, Lakeshore, Lakebed, Riverbed, and Waters Control Order 1983 published in Gazette 1983 Vol II, at page 2010 unless the grant of control to the Authority in that order is renewed or is replaced by a similar grant of control to the Authority in respect of the same or substantially the same area.

7 Public Bodies Meetings Act 1962 to apply to Authority

  • [Repealed]

    Section 7: repealed, on 1 March 1988, by section 58(1) of the Local Government Official Information and Meetings Act 1987 (1987 No 174).

8 Other Acts not affected

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 Lakes District Waterways Authority (Shotover River) Empowering Act 1985. The reprint incorporates all the amendments to the Act as at 1 March 1988, 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 Official Information and Meetings Act 1987 (1987 No 174): section 58(1)