Act Repealed Latest version as at 20 November 1877 (as enacted) | 1877 No 16

Auckland Harbour Act 1877

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Parcels of land vested in Harbour Board in fee-simple.

Board may convey lands to adjoining owners.

Trustees to hold land conveyed upon same trusts as adjacent land.

Mayor of Parnell ex officio member of Harbour Board.

Auckland Harbour Act 1877

Local Act		1877 No 16
Date of assent		20 November 1877

	Title
	Preamble.

An Act to enable the Auckland Harbour Board to dispose of certain Lands reclaimed from the Foreshore in the Harbour of Auckland, and to amend the constitution of the Auckland Harbour Board.

Preamble.

WHEREAS certain parcels of land are situate on land reclaimed from the sea between the road in course of construction by the Auckland Harbour Board (hereafter called “the said Board”), commencing at the west end of Customhouse Street, at its junction with Albert Street, and running into Drake Street, in Freeman’s Bay, in the Harbour of Auckland, and the allotments on the southern side of the said road: And whereas certain other parcels of land reclaimed from the sea are situated on the south side of the road running from the western boundary of Allotment number fifty-nine of Section number sixteen of the Suburbs of Auckland, to the west side of Allotment number one of Section number fourteen of the suburbs aforesaid: And whereas it is expedient that the said Board should have power to convey the said several parcels of land to the owners of the said allotments abutting thereon respectively, upon such terms and conditions as may be agreed on between the said Board and such owners: And whereas the Chairman of the Highway Board for the Highway District of Parnell was by virtue of his office a member of the Auckland Harbour Board, and the said highway district has become a borough, and it is expedient that the Mayor of the said borough should be declared to be a member of the said Harbour Board:

Be it therefore enacted by the General Assembly of New Zealand in Parliament assembled, and by the authority of the same, as follows:—

1 Short Title.

The Short Title of this Act shall be “The Auckland Harbour Act, 1877.”

2 Interpretation.

In the construction of this Act the following words have the meanings hereby assigned to them:—

(1.)

“Original section” means a section or allotment which originally fronted upon or towards the sea-beach, and includes any subdivision thereof.

(2.)

“Owner” means the person in whom the fee-simple of any original section is vested, whether such person is the beneficial owner or a trustee.

3 Parcels of land vested in Harbour Board in fee-simple.

The said parcels of land situate between the said road in course of construction, commencing at the west end of Customhouse Street, at its junction with Albert Street, and running into Drake Street in Freeman’s Bay, and the southern and eastern boundaries of the allotments of land situate on the southern and eastern sides of the said road, and also the said reclaimed land situate on the south side of the said road running from the western boundary of Allotment number fifty-nine of Section number sixteen of the Suburbs of Auckland, to the west side of Allotment number one of Section number fourteen of the suburbs aforesaid, are hereby declared to be and are vested in the Auckland Harbour Board and their assigns, for an estate in fee-simple, free from encumbrances:

Provided always that nothing in this Act contained shall affect a lease of a portion of the foreshore of the Auckland Harbour now vested in the Auckland Gas Company (Limited), or the lands comprised in the said lease.

4 Board may convey lands to adjoining owners.

It shall be lawful for the said Board, if they think fit, to convey to the owner of each original section of land abutting on the said road so in course of construction as aforesaid, and to the owner of each original section of land abutting on the said land reclaimed on the south side of the said road, running from said Allotment number fifty-nine of Section number sixteen of the Suburbs of Auckland, to the west side of said Allotment number one of Section number fourteen of the suburbs aforesaid, the parcel of land adjoining such original section, upon such terms and conditions as may be agreed on between the said Board and each owner.

Evidence of ownership.

Before making any conveyance under this Act, the said Board may require such evidence of ownership of any original section affected by the operation of this Act as to them shall seem fit.

5 Trustees to hold land conveyed upon same trusts as adjacent land.

When an original section is vested in any Trustee, any land conveyed under this Act shall be held by him upon the same trusts and for the like purposes and with the same powers as such original section is held or vested.

6 Mayor of Parnell ex officio member of Harbour Board.

The Mayor of the Borough of Parnell and his successors in office from time to time shall by virtue of such office be a member of the Auckland Harbour Board, in lieu of the Chairman of the Highway Board formerly in existence for the Highway District of Parnell.

Auckland Harbour Act 1877