Dunedin City Council (St Clair Salt Water Pool) Land Vesting Act 1988

Reprint
as at 20 September 1988

Coat of Arms of New Zealand

Dunedin City Council (St Clair Salt Water Pool) Land Vesting Act 1988

Local Act1988 No 5
Date of assent19 September 1988
Commencement19 September 1988

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 define and, where necessary, alter the ownership and legal status of land included in and adjacent to the site of the St Clair salt water pool and to free that land from all trusts affecting it

1 Short Title
  • This Act may be cited as the Dunedin City Council (St Clair Salt Water Pool) Land Vesting Act 1988.

2 Land for road
  • The land described in Schedule 1 is hereby vested in the Dunedin City Council as road.

3 Land vested in Council
  • (1) The land described in Schedule 2 is hereby vested in the Dunedin City Council for an estate in fee simple.

    (2) No person shall develop the land described in Schedule 2 unless the development includes the retention of the salt water pool in existence immediately before the commencement of this section for the purposes of aquatic recreation or the replacement of that pool with a similar facility for the same purposes.

    (3) For the purposes of this section the expression development means development or redevelopment by constructing, erecting, or altering any 1 or more buildings, fixed plant, and machinery, or other works, and includes—

    • (a) the fencing, draining, excavation, filling, or reclamation of land, or the making of retaining walls or other works related to that fencing, draining, excavation, filling, or reclamation; and

    • (b) the grading or levelling of land or the removal of rocks, stone, sand, or soil from land; and

    • (c) the removal or destruction of vegetation; and

    • (d) the arresting or elimination of erosion or flooding.

4 Land vested in Crown as recreation reserve
  • The land described in Schedule 3 is hereby vested in the Crown as a recreation reserve within the meaning of and subject to the Reserves Act 1977.

5 Land freed from trusts
  • The land described in Schedules 1, 2, and 3 is hereby freed and discharged from all express and implied trusts, reservations, and restrictions, howsoever created, to which the land or any part of it is subject.

6 Re-appellation of land
  • The Chief Surveyor for the Otago Land District shall as soon as practicable allocate a new description of the land described in Schedule 2, and shall forward to the District Land Registrar for the Otago Land Registration District a copy of that description.

7 Powers of District Land Registrar
  • (1) The District Land Registrar for the Otago Land Registration District is hereby authorised and directed to make such entries in that Registrar's registers and do all such other things as may be necessary to give effect to the provisions of this Act.

    (2) The said District Land Registrar shall enter on any title issued for the land described in Schedule 2 a memorial to the effect that the land is subject to section 3.


Schedule 1

ss 2, 5

  • 1 All that piece of land containing 230 m2, more or less, being part Section 6, Block XII, Dunedin and East Taieri Survey District, and shown marked A on SO Plan 22402 lodged in the office of the Chief Surveyor at Dunedin.

  • 2 All that piece of land containing 410 m2, more or less, being part Section 101, Ocean Beach Survey District, and shown marked B on SO plan 22402 lodged in the office of the Chief Surveyor at Dunedin.

  • 3 All that piece of land containing 572 m2, more or less, being part Section 1, Ocean Beach Survey District, and shown marked C on SO plan 22402 lodged in the office of the Chief Surveyor at Dunedin.


Schedule 2

ss 3, 5, 6

  • 1 All that piece of land containing 325 m2, more or less, being part Section 101, Ocean Beach Survey District, and shown marked D on SO Plan 22402 lodged in the office of the Chief Surveyor at Dunedin.

  • 2 All that piece of land containing 2 170 m2, more or less, being part Section 6, Block XII, Dunedin and East Taieri Survey District, and shown marked E on SO plan 22402 in the office of the Chief Surveyor at Dunedin.

  • 3 All that piece of land containing 480 m2, more or less, being part Section 1, Ocean Beach Survey District, and shown marked F on SO plan 22402 in the office of the Chief Surveyor at Dunedin.


Schedule 3

ss 4, 5

All that piece of land containing 75 m2, more or less, being part Section 1, Ocean Beach Survey District, and shown marked G on SO plan 22402 in the office of the Chief Surveyor at Dunedin.


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 Dunedin City Council (St Clair Salt Water Pool) Land Vesting Act 1988. The reprint incorporates all the amendments to the Act as at 20 September 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)