Tauranga District Council (Waikareao Estuary Expressway) Empowering Act 1989

Reprint
as at 30 December 1989

Coat of Arms of New Zealand

Tauranga District Council (Waikareao Estuary Expressway) Empowering Act 1989

Local Act1989 No 10
Date of assent29 December 1989
Commencement29 December 1989

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 and empower the Tauranga District Council to reclaim land for the purpose of constructing a road generally along the eastern foreshore of the Waikareao Estuary in the Tauranga Harbour

1 Short Title
  • This Act may be cited as the Tauranga District Council (Waikareao Estuary Expressway) Empowering Act 1989.

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

    Council means the Tauranga District Council

    road means the expressway to be constructed generally along the eastern foreshore of the Waikareao Estuary in the Tauranga Harbour; and includes all the necessary approaches, buildings, erections and other works.

3 Special Act
  • This Act is declared to be a special Act within the meaning of the Harbours Act 1950.

4 Authority to reclaim
  • Subject to the provisions of the Harbours Act 1950 (other than section 175) and of section 5, the Council, for the purposes of constructing the road, is hereby authorised and empowered to reclaim from the sea the area described in Schedule 1 or any part or parts of it.

5 Expiry of authority to reclaim
  • (1) The authority to reclaim conferred by section 4 shall be in force only—

    • (a) for the period of 5 years beginning with the date of commencement of this Act; and

    • (b) for such further period or periods (not exceeding 5 years in total) as the Minister of Conservation may determine by notice in the Gazette.

    (2) No period determined by the Minister of Conservation under subsection (1)(b) shall expire more than 10 years after the date of commencement of this Act and no reclamation or no further reclamation, as the case may be, shall be undertaken under the authority of section 4, more than 10 years after that date.

6 Vesting of land in Council
  • (1) On completion of the reclamation of the land described in Schedule 1, or any part of it, in accordance with plans approved pursuant to section 178 of the Harbours Act 1950, the Council 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 South Auckland Land Registration District.

    (2) On the deposit of the plan of survey the Council shall file in the office of the District Land Registrar a certificate in the form set out in Schedule 2 certified as correct by the chief executive of the Department of Survey and Land Information or by the Chief Surveyor of the South Auckland Land District.

    (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 Council by issuing under that Act a certificate of title for the land in the name of the Council.

    (4) The land comprised in any certificate of title issued pursuant to such a certificate 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 chief executive of the Department of Survey and Land Information or 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 chief executive of the Department of Survey and Land Information or 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) On the issue of a certificate of title under this section, so much of the land comprised and described in that certificate of title as is subject to the provisions of the Tauranga Foreshore Vesting and Endowment Act 1915 shall cease to be so subject.

7 Rights preserved
  • Except as provided in this section, nothing in this Act shall deprive any person of any right or remedy otherwise available to that person in respect of any loss caused by any reclamation carried out under this Act or by the vesting of land in the Council pursuant to section 6; but nothing in this Act shall entitle the Crown or any local authority to payment or compensation for any land belonging to the Crown or the local authority which is reclaimed or vested in the Council pursuant to this Act.

8 Other Acts not affected
  • Nothing in this Act shall be construed as—

    • (b) conferring any water right within the meaning of the Water and Soil Conservation Act 1967.

9 Tolls for use of road
  • (1) For the purpose of paying costs, charges, and expenses incurred under the authority of this Act and incurred in constructing and maintaining the road, the Council may collect tolls in accordance with the provisions of this Act in respect of the use of the road.

    (2) For the purpose of collecting tolls, the Council may construct on any road or other land owned by the Council such toll gates, toll houses, and other works as it considers necessary.

    (3) Tolls payable under this Act shall be at such rate or rates and shall be payable in respect of such persons and vehicles as may from time to time be prescribed by bylaws under this Act.

    (4) The scale of tolls for the time being in force shall be clearly exhibited in a conspicuous place at or near the place where the toll is payable.

    (5) Every person who is in charge or control of any vehicle in respect of which a toll is payable shall be liable for the payment of the tolls, and, if any person refuses or neglects to pay a toll payable under this Act, the Council may refuse to allow that person to travel or enter on to the road or may recover as a debt from that person the amount of the toll, together with all expenses involved in the collection of the toll.

    (6) No toll shall be payable by or in respect of any of the following persons or in respect of any vehicle engaged solely in carrying any such person, namely,—

    • (a) the Governor-General and every person in attendance on the Governor-General:

    • (b) every member of any of the armed forces of Her Majesty when on duty or going to or returning from duty and in the uniform of that member's corps:

    • (c) every constable on duty, and every prisoner in the custody of a constable, and every traffic officer on duty:

    • (d) any Minister or any officer or servant of the Crown whilst engaged on business connected with the road or with the administration of this Act:

    • (e) such other persons as may be prescribed in bylaws made under this Act.

    (7) Tolls shall not be payable in respect of fire engines and vehicles used for the extinction of fires, or in respect of ambulances, or in respect of the drivers or occupants of any such vehicles.

10 Bylaws
  • The Council may from time to time make such bylaws, not inconsistent with this Act or with any other Act, as it thinks fit for all or any of the following purposes:

    • (a) protecting any property belonging to the Council and used for the purposes of the road:

    • (b) conserving public health, safety, and convenience, and preventing and abating nuisances on the road:

    • (c) regulating and preventing the taking on to or over the road of any noxious or dangerous goods or anything which may cause pollution in the Waikareao Estuary:

    • (d) regulating the speed of traffic using the road:

    • (e) regulating the weights of vehicles which may use the road:

    • (f) fixing the amounts of, and levying and collecting, tolls in respect of the use of the road in respect of one or both directions of travel:

    • (g) regulating or prohibiting the passage of loose horses, cattle, sheep, pigs, or other animals over the road:

    • (h) generally for regulating the travelling upon, the using of, and the proper and efficient control and management of the road.


Schedule 1
Land authorised to be reclaimed

s 4

All that piece of land containing approximately 14 hectares, being that portion of the eastern side of the Waikareao Estuary in the Tauranga Harbour lying between Marsh Street to the northernmost extremity, being grid reference NZMS 260 Sheet U14 894 869 and Waihi Road Judea, to the southernmost extremity, being grid reference NZMS 260 Sheet U14 884 848, and being also the area shown hatched on the Tauranga District Council plan entitled Waikareao Estuary Expressway (Route P) and numbered 3508 deposited in the office of the Council at Tauranga.


Schedule 2
Certificate under section 6 of the Tauranga District Council (Waikareao Estuary Expressway) Empowering Act 1989 for the issue of a certificate of title under the Land Transfer Act 1952

s 6

The Tauranga District Council 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 Tauranga District Council (Waikareao Estuary Expressway) Empowering Act 1989.

Area and description of land:

Date from which entitled:

I 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.

  
 Chief Executive of the Department of Survey and Land Information
 or
 Chief Surveyor

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 Tauranga District Council (Waikareao Estuary Expressway) Empowering Act 1989. The reprint incorporates all the amendments to the Act as at 30 December 1989, 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)