Wanganui Harbour Act 1988

Reprint
as at 29 June 1988

Coat of Arms of New Zealand

Wanganui Harbour Act 1988

Local Act1988 No 1
Date of assent28 June 1988
Commencementsee section 1(2)
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 abolish the Wanganui Harbour Board and to vest control of the Wanganui Harbour in the Wanganui City Council

1 Short Title and commencement

  • (1) This Act may be cited as the Wanganui Harbour Act 1988.

    (2) This Act shall come into force on 1 July 1988.

2 Interpretation

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

    Board means the Wanganui Harbour Board

    Council means the Wanganui City Council.

3 Special Act

  • This Act is declared to be a special Act for the purposes of the Harbours Act 1950.

4 Abolition of Wanganui Harbour Board

  • The Board is hereby abolished.

5 Council to have powers, etc, of Harbour Board

  • Subject to the provisions of this Act, the Council shall have all the powers, functions, and duties of a Harbour Board under the Harbours Act 1950.

6 Transfer of assets, etc

  • (1) On the commencement of this section—

    • (a) all real and personal property belonging to or vested in the Board shall become vested in the Council subject to all encumbrances, liens, and other interests to which it is subject on the date of such commencement:

    • (b) all money payable to the Board shall become payable to the Council:

    • (c) all liabilities, contracts, and engagements, and rights and authorities of any nature whatever, of the Board shall become liabilities, contracts, engagements, rights, and authorities of the Council:

    • (d) all proceedings pending by or against the Board may be carried on, completed, and enforced by or against the Council.

    (2) Subject to subsection (4), the District Land Registrar, on receiving a written request from the Council under its seal, incorporating a reference to this section, and on payment of the prescribed fee, shall make such entries in his or her registers and on any outstanding documents of title and generally do all such things as may be necessary to give effect to the provisions of subsection (1) in respect of land and interests in land specified in the request.

    (3) All references to the Board in any security or other document whatever which is subsisting immediately before the date of commencement of this section, or in any notice or other communication served, given, or sent before, on, or after that date in relation to any such security or other document shall, unless the context otherwise requires, be read as references to the Council.

    (4) No Registrar of Deeds or District Land Registrar or any other person charged with the keeping of any books or registers shall be obliged, solely by the provisions of this section, to change the name of the Board to that of the Council in his or her books or registers or in any document in his or her charge; but the presentation to any such Registrar or other person of any instrument—

    • (a) executed or purporting to be executed by the Council; and

    • (b) relating to any property held, immediately before the commencement of this section, by the Board; and

    • (c) containing a recital that the property has become vested in the Council by virtue of this section—

    shall, in the absence of proof to the contrary, be sufficient evidence that the property is vested in the Council.

    (5) Except as provided in subsections (2) and (4), nothing in this section shall derogate from the provisions of the Land Transfer Act 1952.

    (6) Section 37F of the Local Government Act 1974 shall apply in respect of the transfer of the Board's functions to the Council as if this Act were an instrument giving effect to a proposal in a final reorganisation scheme.

    (7) Every reference to the Board in any enactment or regulations or in any document whatever, unless the context otherwise requires, shall be read as a reference to the Council.

7 Council may grant functions, etc

  • (1) Notwithstanding anything in any other Act, the Council may grant to any person or body, by lease, licence, agreement, or otherwise, the right to exercise and perform all or any of the Council's powers, functions, and duties as a Harbour Board.

    (2) Section 572 of the Local Government Act 1974 (other than subsection (7)) shall apply in respect of any such grant as if the said powers, functions, and duties and any land vested in the Council by section 6 of this Act were land to which the said section 572 applied.

    (3) A grant under subsection (1) shall not absolve the Council from any liability of the Council for any act or omission relating to the exercise or performance of any power, function, or duty by any person or body pursuant to any such grant.

8 Harbour committee

  • (1) As soon as practicable after the commencement of this Act, the Council shall establish a standing committee, to be called the Wanganui City Council Harbour Committee, consisting of—

    • (a) 4 members to be appointed by the Council; and

    • (b) 2 members to be appointed by the Wanganui County Council; and

    • (c) 1 member to be appointed by the Patea District Council.

    (2) Section 104 of the Local Government Act 1974, with the necessary modifications, shall apply to any committee established under this section.

    (3) The Council may delegate to any such committee all or any of its functions, powers, and duties as a Harbour Board or under this Act.

    (4) The committee may exercise and perform any powers, functions, and duties so delegated in the same manner in all respects as if they had been conferred on the committee by this Act and not by delegation.

9 Application of income

  • Subject to the terms of any trust or endowment and to any provision to the contrary, relating to any specific property, in any other Act, the income derived from the use or disposal of any property referred to in section 6 may be applied only towards the operation or development of the port at Wanganui or for such other purposes as the Council is authorised by the Harbours Act 1950 or by virtue of any Order in Council made under that Act to apply that income, and for no other purposes, unless the Minister of Transport in any specific case otherwise permits.

10 Amending Port Companies Act 1988

  • Amendment(s) incorporated in the Act(s).

11 Repeals

  • The following enactments are hereby repealed:

    • (a) the Wanganui Harbour Board Endowment Sale Act 1892:

    • (b) the Wanganui Harbour Act 1905:

    • (c) the Wanganui Harbour Act 1907.

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 Wanganui Harbour Act 1988. The reprint incorporates all the amendments to the Act as at 29 June 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)