WHEREAS it may be desirable that the management and control of the Manukau Harbour be vested in the Auckland Harbour Board (hereinafter termed “the Board”): And whereas it is desirable that in such case and upon the completion of the purchase hereinafter mentioned the lands described in the First Schedule hereto shall be vested in the Board: And whereas it is desirable that the Board shall be empowered to make investigations and surveys with regard to the feasibility of constructing a canal between the Waikato River and the Manukau Harbour:

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.

This Act may be cited as the Manukau Harbour Control Act, 1911.

2 Control of Manukau Harbour to vest in Board.

Upon the completion of the purchase by the Board of the railway wharf and its site at Onehunga as hereinafter provided, the Manukau Harbour shall be under the control and management of the Board, and the Board shall thereupon have and may exercise all the powers, authorities, functions, and jurisdiction in relation to the Manukau Harbour that it has or can or may exercise in relation to the Port of Auckland under or by virtue of any statutory enactment for the time being in force, and shall also be subject to such duties in relation to the said Manukau Harbour as are imposed upon Harbour Boards by the provisions of such enactments.

3 Lands to vest in Board.

Upon the completion of such purchase as aforesaid and the filing of a certificate by the Minister of Railways, as provided in clause eight hereof, the lands described in the First Schedule hereto shall be and become vested in the Board for an estate in fee-simple; and the District Land Registrar of the Auckland Land Registration District shall issue to the Board a certificate of title therefor under the provisions of the Land Transfer Act, 1908.

4 Owners’ rights of access by water.

The vesting of such lands and the issue of such certificate of title shall be without prejudice to the rights of access by water (if any) of all owners of land abutting on the said harbour.

5 Board to hold lands upon trusts prescribed by law.

Such lands shall be held by the Board with the powers and upon the trusts from time to time prescribed by law with regard to lands and endowments held by the Board.

6 Purchase of wharves.

At any time within five years after the passing of this Act the Board may agree with the Minister of Railways to purchase the existing railway wharf or wharves at Onehunga at a price to be agreed upon by the Minister of Railways and the Board.

7 Disposal of purchase-money.

The purchase-money paid under the provisions of the last foregoing section shall be paid into the Public Account and form part of the Public Works Fund.

8 Certificate of completion of purchase to be filed.

Upon the purchase by the Board of the railway wharf or wharves at Onehunga as hereinbefore provided, the Minister of Railways shall file in the District Land Registration Office, at Auckland, a certificate that such purchase has been completed, and setting forth the amount of the purchase-money agreed upon, and also a certificate that the amount of such purchase-money has been paid into the Public Account.

9 Issue of certificate for land required for railway purposes.

At any time after filing the certificate referred to in the last preceding section the Minister of Railways may file in the District Land Registration Office, at Auckland, a certificate that the whole or any portion of the lands described in the Second Schedule hereto are occupied or required for railway purposes; and such certificate shall be accompanied by a plan, duly certified by the Chief Surveyor, showing the land therein described; and the District Land Registrar shall thereupon issue to the Minister of Railways a title in the name of the King to the land therein described.

10 Canal between Waikato River and Manukau Harbour.

The Board shall be entitled to make investigations and surveys for the purpose of obtaining information as to the feasibility of constructing a canal between the Waikato River and the Manukau Harbour.

SCHEDULES

FIRST SCHEDULE

1.

All that area within the Manukau Harbour, being the whole of the tidal lands as defined by the Harbours Act, 1908, lying or being within a straight line drawn from Paratutai Point to the flagstaff of the lighthouse on the southern head of the Manukau Harbour, but excepting therefrom the lands described in the Second Schedule hereto, and also excepting therefrom such area (if any) as may be vested in the Corporation of the Mayor, Councillors, and Burgesses of the Borough of Onehunga in pursuance of the provisions of any Act of the General Assembly of New Zealand in the present session assembled.

2.

All that piece of land, containing by admeasurement 336 acres, more or less, situate in the Parish of Waitemata, County of Eden, and being Lots Nos. 22 and 23 of Section No. 13 of the Suburbs of Auckland.

3.

All that piece of land in the Auckland Land District, containing by admeasurement 58 acres 2 roods, more or less, situate in the Parish of Karangahape, County of Waitemata, and being Lot No. 32 of the said parish.

4.

All that piece of land in the Auckland Land District, containing by admeasurement 208 acres, more or less, situate in the Parish of Awhitu, in the County of Manukau, and being Lot No. 9 of the said parish.

5.

All that piece of land in the Auckland Land District, containing by admeasurement 1,000 acres, more or less, situate in the Parish of Karangahape, in the County of Waitemata, and being Lot No. 34 in the said parish.

SECOND SCHEDULE

All those areas of tidal or other lands which lands are within the areas shown coloured red on plans numbered W.R. 19021 and 16683, deposited in the office of the Minister of Railways, at Wellington; also all that area of land which lies below high-water mark and on the eastern side of the railway at Ann’s Creek.

Manukau Harbour Control Act 1911