America's Cup Road Stopping Act 2018

1 Title

This Act is the America’s Cup Road Stopping Act 2018.

2 Commencement

This Act comes into force on 1 November 2018.

3 Purpose

The main purpose of this Act is to remove the road status from part of Brigham Street, in Wynyard Point in Auckland, so that the land can be used for the 36th America’s Cup.

4 Interpretation

In this Act,—

36th America’s Cup means—

(a)

the operation of the 36th America’s Cup; and

(b)

any construction or other matter relating to the 36th America’s Cup, whether before, during, or after the event

Registrar-General means the Registrar defined by section 5(1) of the Land Transfer Act 2017

stopped road means the area of land that has ceased to be road under section 7(1).

5 Transitional, savings, and related provisions

The transitional, savings, and related provisions set out in Schedule 1 have effect according to their terms.

6 Act binds the Crown

This Act binds the Crown.

7 Road stopped

(1)

The road shown as Section 1 on SO 524347 is stopped.

(2)

Section 345 of the Local Government Act 1974 does not apply to the stopping of the road or to the stopped road.

(3)

To avoid doubt, the stopped road continues to be owned by Auckland Council.

(4)

The use of the stopped road for the 36th America’s Cup is a public work for the purposes of the Public Works Act 1981 where the use is by, or under the control of, the Crown or any local authority as defined by that Act.

(5)

In addition, section 40 of the Public Works Act 1981 does not apply to the stopped road while Auckland Council continues to own it after it is stopped.

(6)

See Schedule 2 for a map showing the area of the stopped road, but the map is merely indicative and has no legal effect.

8 Record of title for stopped road

(1)

Auckland Council, as the owner, may apply in writing to the Registrar-General for a record of title for the stopped road.

(2)

The Registrar-General must, as soon as is reasonably practicable after receiving the application and in accordance with the application,—

(a)

create a record of title for the fee simple estate in the stopped road in the name of Auckland Council; and

(b)

record on the record of title any interests that are registered, noted, or to be noted and that are described in the application.

9 Repeal of this Act

This Act is repealed 12 months after its commencement.

Schedule 1 Transitional, savings, and related provisions

s 5

Part 1 Provisions relating to this Act as enacted

1 Continued effect of certain provisions

Section 7(2), (4), and (5) continues to have effect despite the repeal of this Act.

2 References relating to Land Transfer Act 2017

In this Act, until the Land Transfer Act 1952 is repealed by the Land Transfer Act 2017,—

(a)

a reference to a record of title is a reference to a computer freehold register under the Land Transfer Act 1952:

(b)

a reference to an owner is a reference to a proprietor under the Land Transfer Act 1952:

(c)

a reference to a provision in the Land Transfer Act 2017 is a reference to the provision in the Land Transfer Act 1952 that is replaced by, or corresponds to, that provision in the Land Transfer Act 2017.

Schedule 2 Indicative map of stopped road

s 7

Indicative map of stopped road
Legislative history

2 July 2018

Introduction (Bill 73–1)

5 July 2018

First reading and referral to Environment Committee

23 August 2018

Reported from Environment Committee (Bill 73–2)

11 September 2018

Second reading, third reading

13 September 2018

Royal assent

This Act is administered by the Ministry of Business, Innovation, and Employment.