Napier Borough Endowments Amendment Act 1999

Napier Borough Endowments Amendment Act 1999

Local Act1999 No 3
Date of assent8 September 1999

An act to amend the Napier Borough Endowments Act 1876 and to empower the Napier City Council to sell and lease land vested in it pursuant to that Act

BE IT ENACTED by the Parliament of New Zealand as follows:

1 Short Title
2 Interpretation
  • The principal Act is amended by inserting, after section 1, the following section:

    1A
    • In this Act, unless the context otherwise requires, Council means the Napier City Council as constituted by clause 52 of the Local Government (Hawke's Bay Region) Reorganisation Order 1989 (Gazette, 1989, Volume III, page 2334).

3 Power to lease
  • Section 4 of the principal Act is amended by repealing subsection (2), and substituting the following subsection:

    • (2) May lease the land in accordance with the Public Bodies Leases Act 1969.

4 Certain land may be sold
  • The principal Act is amended by inserting, after section 4, the following section:

    4A
    • (1) This section applies to any land described in Schedule 3 that is vested in the Council.

      (2) Subsections (1) to (7) of section 230 of the Local Government Act 1974 apply to any land to which this section applies.

      (3) For so long as—

      • (a) Any land to which this section applies is leased by the Council; and

      • (b) There is erected on it a building that, in the opinion of the Council (whose decision is final) is designed for residential purposes and occupied exclusively as a home by the lessee and the lessee's family (if any),—

      the Council must not sell the land to any person other than the lessee.

      (4) A lessee from the Council of any land to which this section applies who buys it from the Council must, at the lessee's own cost and to the Council's satisfaction, arrange for the registration of the effective merger of the leasehold interest in the fee simple of the land, or otherwise for the effective extinguishment of the leasehold interest.

      (5) Subsection (2)—

      • (a) Is subject to subsection (3); but

      • (b) Overrides section 230(8) of the Local Government Act 1974.

5 New Schedule 3 added
  • The principal Act is amended by adding Schedule 3 set out in the Schedule.

6 Repeal of spent provisions

Schedule
New Schedule 3 of principal Act

section 5

Schedule 3
   Section 4A(1)
Legal DescriptionArea m2Certificate of Title Reference (Hawke's Bay Registry)Street Address
1. Lots 1 and 2, Deposited Plan 8884180081/55 (Balance)465 Hastings Street.
2. Lot 2, Deposited Plan 229676537P3/823 (All)Council Flats between Carlyle and Thackeray Streets.
3. Lot 1, Deeds Plan 96034458/162 (All)512 Hastings Street.
4. Lot 2, Deeds Plan 96028758/163 (All)439 Marine Parade.
5. Lots 3 and 4 of a Subdivision of Town Section 533, Town of Napier126458/164 (All)514 Hastings Street.
6. Lot 1, Deposited Plan 20159324L4/1143 (All)510 Hastings Street.
7. Lot 2, Deposited Plan 20159313L4/1144 (All)435 Marine Parade.
8. Part Town Section 576, Town of Napier (SO 10312) being Lots 1, 2, and 3, and part Lots 4, 5, 6, and 13, Deposited Plan 41822098L2/977 (All)56 McGrath Street.
  L2/978 (All)54 McGrath Street.
  L2/979 (All)52 McGrath Street
  L2/980 (Part)50 McGrath Street.
  L2/981 (Part)48 McGrath Street.
  L2/982 (Part)46 McGrath Street.