Whereas by a Proclamation dated 30 January 1947, and published in the Gazette on 6 February 1947, at page 160, an area of land in the City of Wellington was proclaimed a reclamation area under Part 2 of the Urban Renewal and Housing Improvement Act 1945:
And whereas section 21 of that Act requires the district scheme under the Town and Country Planning Act 1953 to be operative before a local authority may exercise its powers to resubdivide and improve a reclamation area:
And whereas the district scheme for the City of Wellington is not yet operative:
And whereas it is desirable to authorise the Wellington City Council (in this section referred to as the Council) to resubdivide and improve 2 portions of the reclamation area:
Be it therefore enacted as follows:
(1) Notwithstanding anything in section 21 of the Urban Renewal and Housing Improvement Act 1945 or in any other Act or in any rule of law, but subject to the result of any objection or appeal heard under subsection (4) of this section, the Council is hereby authorised and empowered to resubdivide and improve the 2 portions of the reclamation area described in subsection (5); and the provisions of Part 2 of the Urban Renewal and Housing Improvement Act 1945 shall apply accordingly as if the district scheme for the City of Wellington was operative.
(2) Before exercising its powers under subsection (1), the Council shall publish twice in 1 or more newspapers circulating in the City of Wellington, with an interval of not less than 7 days, notice of its proposals in respect of the resubdivision and improvement of the 2 portions of the reclamation area. The published notice shall state that any person affected by the proposals may, not later than a date to be specified in the notice, lodge an objection in writing to the proposals at the office of the Council.
(3) The Council shall also send a copy of the notice by registered post to every person whose name for the time being appears in the
“occupiers” column of the district valuation roll prepared under section 8 of the Valuation of Land Act 1951 in respect of any property within the 2 portions of the reclamation area and to every person who, in the opinion of the Council or any committee thereof, has a greater interest in the proposals than the community generally. The copy of the notice shall state that an objection in writing to the proposals may be lodged at the office of the Council not later than 21 days after the date of posting of the copy of the notice or not later than the date specified in the copy of the notice, whichever is later.
(4) Sections 25, 26, 26A, 40, 42, and 49B of the Town and Country Planning Act 1953 and the relevant provisions of any regulations for the time being in force under that Act shall, with the necessary modifications, apply in respect of every objection received by the Council in accordance with subsection (2) or subsection (3).
(5) The 2 portions of the reclamation area to which this section relates are described as follows:
First, the Arlington, Hopper, and Hankey Streets Area, being all that area in the Wellington Land District, situated in the City of Wellington, bounded by a line commencing at the intersection of the northern side of Hankey Street with the western side of Hopper Street and proceeding northerly along the western side of Hopper Street to the southern side of Arlington Street; thence generally westerly along the generally southern side of Arlington Street to the western boundary of Lot 12, DP 2112; thence generally southerly along the western and southern boundaries of Lot 12, DP 2112, and the eastern boundaries of Lots 10 and 9, DP 5176, to the northern side of Hankey Street; thence easterly along that side to the point of commencement.
Secondly, the Nairn Street Area, being all that area in the Wellington Land District, situated in the City of Wellington, bounded by a line commencing at the south-eastern corner of Lot 4, DP 6070, and proceeding northerly along the western side of Nairn Street to the southern boundary of Lot 7, DP 10630; thence westerly along the southern boundaries of Lots 7 and 8, DP 10630, to the eastern boundary of Lot 3, DP 10508; thence westerly and southerly along that boundary to the northern boundary of Lot 1, DP 9739; thence easterly, northerly, and again easterly, along the northern, eastern, and again northern boundaries of Lot 1, DP 9739, to the point of commencement.
Section 28: amended, on 24 October 1969, pursuant to section 2(3) of the Urban Renewal and Housing Improvement Amendment Act 1969 (1969 No 134).
Section 28(1): amended, on 24 October 1969, pursuant to section 2(3) of the Urban Renewal and Housing Improvement Amendment Act 1969 (1969 No 134).