This Act may be cited as the Whakatane Harbour Act, 1912.

This Act shall be deemed to be a special Act within the meaning of the Harbours Amendment Act, 1910.

In this Act, if not inconsistent with the context,—

A Harbour Board is hereby constituted for the Harbour of Whakatane. Such Board shall consist of five members, of whom three shall form a quorum, elected as follows:—

The first election of members shall be held in the same manner as members of the County Council are elected, save that each elector shall have and may exercise one vote and no more.

The first members shall hold office until the next ensuing general election of County Councillors, when they shall retire, and thereafter elections of members shall be held at the times and in the manner prescribed by the Harbours Amendment Act, 1910, in the case of elections of members of constituent districts.

The Governor shall appoint a day for the election of the first members of the Board, and a day for the first meeting of the Board, and shall also appoint some fit person as Returning Officer.

The Whakatane Harbour District is hereby constituted, and shall comprise the Omataroa, Opouriao, and Rangitaiki Ridings, as defined in the Schedule hereto.

Subject to the provisions of the said Act and to the Governor’s previous approval of a plan of the works proposed to be constructed, the Board may borrow moneys, not exceeding in the whole the sum of ten thousand pounds, for the construction or completion of harbour-works in or towards the improvement of the harbour, or for the improvement of the navigation of the Whakatane River, including all arms and lagoons thereof, from the Township of Whakatane to the sea, or for the general protection or conservation of the banks thereof. All such works shall be deemed to be harbour-works within the meaning of the said Act.

No money shall be borrowed under the authority of this Act which shall produce to the lender a higher rate of interest than five pounds per centum per annum.

No money shall be borrowed under the authority of this Act except with the consent of the ratepayers of the harbour district, previously obtained in manner prescribed by the Local Bodies’ Loans Act, 1908, and the provisions of that Act shall apply as if the Board were a local authority and the said works were public works within the meaning of Part I of that Act.

The Board shall in each year cause an estimate to be prepared, in such manner and according to such method as the Board approves, of the anticipated revenue of the year and of the anticipated expenditure of the year (exclusive of capital expenditure on Loan Account), and shall upon such estimate determine the deficiency of revenue required to meet such expenditure.

The Board shall make and levy in each year such rate not exceeding twopence in the pound on the rateable property within the harbour district as it deems sufficient to provide such deficiency.

Notwithstanding any provisions contained in the Harbours Act, 1908, it shall be lawful for the Board to make and levy harbour dues, to be charged and collected in respect of goods produced or manufactured outside and brought into the harbour district for any person, not being an elector of the harbour district or any riding thereof, residing outside the harbour district, and in respect of goods shipped on behalf of any person, not being an elector as aforesaid, residing outside the harbour district, in excess of the dues to be made and levied in respect of the same goods if produced or manufactured within the harbour district, or brought into the same for or shipped on behalf of any person residing within the harbour district:

Provided that such excess dues shall be payable equally in respect of the same description of goods wheresoever outside the harbour district the same are produced or manufactured, and wheresoever outside the harbour district the person on behalf of or for whom the same are brought into the harbour district or shipped may reside.

From the first meeting of the Board the Whakatane County Council shall cease to have control of the harbour and to exercise the powers of the Whakatane Harbour Board, but nevertheless all by-laws and regulations in force at the date of the said meeting shall remain in full force and effect until altered or revoked by the Board.

The Second Schedule to the Harbours Amendment Act, 1910, is hereby amended by omitting the words “Whakatane Harbour Board.”

All wharves, jetties, sheds, and buildings within the harbour district at the date of such meeting under the control, and all assets and liabilities, rights, powers, functions, duties, and authorities, of the Whakatane County Council, as or in the capacity of a Harbour Board only, are hereby vested in the Board as from the date of its first meeting without the necessity of any further or other transfer or assurance.

The Governor after making such inquiry as he thinks fit may, if necessary, determine what constitute the wharves, jetties, sheds, buildings, assets, liabilities, real and personal property, and rights of action to become vested in the Board under this section; and may also do or direct to be done whatever he may deem requisite in order that the same wharves, jetties, buildings, sheds, assets, liabilities, real and personal property, and rights of action may be effectively transferred to and vested in the Board; and such determination shall be final and binding.

All such wharves, jetties, sheds, buildings, assets, liabilities, and real and personal property as are mentioned in section twelve of this Act, and all lands hereby vested in the Board, shall be vested in the Board subject to any contracts, leases, mortgages, or other debts, obligations, or charges for the time being affecting the same; and the Board constituted under this Act shall be liable for the payment of such mortgages, debts, obligations, or charges, and in respect of such contracts and leases accordingly.

All land reclaimed by the Whakatane County Council up to the passing of this Act, with the rights of the said Council to all buildings, erections, and fixtures thereon, and all other rights, powers, privileges, functions, and authorities whatsoever vested in the said Council by the Whakatane Foreshore Reclamation Act, 1908, including the right and privilege of making further reclamations under that Act, are hereby vested in the Board as from the first meeting of the Board, and therewith are likewise transferred to and vested in the Board all liabilities and obligations whatsoever of the said Council incurred under that Act, whether incidental to such land, rights, powers, and privileges, or otherwise.

The Whakatane Foreshore Reclamation Act, 1908, shall be read with and form part of this Act, and shall be read and construed as if the words “the Whakatane Harbour Board” had been inserted therein in lieu of the words “the Whakatane County Council,” and the words “the Board” in lieu of the words “the Council,” and the said last-mentioned Act is hereby amended accordingly:

Provided that if and so far as the last-mentioned Act is repugnant to or inconsistent with the provisions of this Act the provisions of this Act shall prevail.

Section three of the said last-mentioned Act is hereby amended by substituting the word “Harbour” in lieu of the word “County,” and all the words after the word “Fund” shall be deleted.