Changes authorised by subpart 2 of Part 3 of the Legislation Act 2019 have been made in this consolidation. See the notes at the end of this consolidation for further details.

	Title
1	Short Title
2	Interpretation
3	Land in Schedule 1 vested in Borough of Takapuna
4	Restrictions on vesting
5	Use of land in Schedule 1
6	Empowering Council to convey, transfer, grant, or lease land in Schedule 2
	Schedule 1
	Schedule 2
	Notes

An Act to confer Additional Powers upon the Auckland Harbour Board and the Takapuna Borough Council.

1 Short Title

This Act may be cited as the Auckland Harbour Board and Takapuna Borough Council Empowering Act, 1923.

2 Interpretation

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

The Board means the Auckland Harbour Board

The Council means the Takapuna Borough Council.

3 Land in Schedule 1 vested in Borough of Takapuna

(1)

The Board is hereby authorized and empowered to convey, transfer, or otherwise vest in the Corporation of the Borough of Takapuna for a nominal consideration the land described in Schedule 1 hereto, being part of the soil of the Auckland Harbour and part of land reclaimed from the sea by the Board, for an estate in fee-simple, subject, however, to such powers, encumbrances, restrictions, and interests as are prescribed by this Act.

(2)

The District Land Registrar of the Land Registration District of Auckland is hereby authorized, on the presentation to him of an appropriate instrument of conveyance, to issue to the Council a certificate of title for such land.

4 Restrictions on vesting

The transfer and vesting of such land and the issue of a certificate of title therefor shall be subject to the conditions—

(a)

That no riparian rights, or rights of access by water, shall attach to the said land; and

(b)

That if the Council or any body or person claiming through or under it shall use, deal with, or dispose of such land or any part thereof otherwise than as prescribed by this Act, and such user, dealing, or disposition shall be repeated within or continue for the period of six calendar months after objection by notice in writing from the Board to the Council, then the Board may by resolution declare that the said land should be revested in the Board either absolutely or subject to such conditions, interests, and restrictions as may be expressed in such resolution; and the District Land Registrar of the Auckland Land Registration District is empowered and required, on application by the Board, to issue a certificate of title in the name of the Board, and to make such alterations in the Register as shall be necessary in the premises.

5 Use of land in Schedule 1

(1)

The Auckland Council, or a body or person claiming through or under it, must use the land described in Schedule 1 as a site of, and for the principal purposes of, boat sheds, public swimming baths, a social hall, or any similar community purpose.

(2)

However, part of the land described in Schedule 1 and any buildings or other improvements on the land may be used for commercial purposes as long as—

(a)

the land described in Schedule 1 and any buildings or other improvements on the land are principally used for the purposes referred to in subsection (1); and

(b)

all money received by the Auckland Council, or a body or person claiming through or under it, from use of the land, buildings, or other improvements for commercial purposes is spent on—

(i)

maintenance of the land:

(ii)

maintenance of any buildings or other improvements on the land:

(iii)

community purposes.

(3)

The Auckland Council, or a body or person claiming through or under it, may grant a lease, licence, or other arrangement for use of land, buildings, or other improvements in accordance with subsection (2).

Section 5: replaced, on 6 August 2025, by section 4 of the Auckland Harbour Board and Takapuna Borough Council Empowering Amendment Act 2025 (2025 No 1 (L)).

6 Empowering Council to convey, transfer, grant, or lease land in Schedule 2

Subject to the conditions and restrictions prescribed by this Act, the Auckland Council may convey, transfer, and grant, either absolutely or subject to such additional conditions, interests, and restrictions as it may resolve, or may from time to time lease for any term of years at a peppercorn rental, the land described in Schedule 2 hereto to any incorporated club or society not constituted for the purpose of private gain.

Section 6: amended, on 1 November 2010, by section 113(1) of the Local Government (Auckland Transitional Provisions) Act 2010 (2010 No 37).

Schedule 1

Schedule 1: replaced, on 6 August 2025, by section 5 of the Auckland Harbour Board and Takapuna Borough Council Empowering Amendment Act 2025 (2025 No 1 (L)).

All that area of land in the North Auckland Land District containing 0.0463 hectares located at 17 Sir Peter Blake Parade, Bayswater, Auckland described as Lot 1 Deposited Plan 20033 as contained in Record of Title NA455/236.

Schedule 2

ALL that area of land, containing 19.5 perches, more or less, situate at Bayswater, near Auckland, and being the south-eastern part of the land described in Schedule 1 hereto: commencing at the north-eastern corner of the land comprised in such Schedule 1; thence extending in a straight line, bearing 308° 28′, in a north-westerly direction, 67.06 links; thence in a straight line, bearing 218° 28′, at right angles to such last-mentioned line, in a south-westerly direction, 181.81 links; thence in a straight line, bearing 128° 28′, at right angles to such last-mentioned line, in a south-easterly direction, 67.06 links; thence in a straight line, bearing 38° 28′, at right angles to such last-mentioned line, in a north-easterly direction, 181.81 links, to the point of commencement: as the said piece of land is more particularly delineated, edged in green, on the said plan MD 5678.

Consolidation notes

1 General

This is a consolidation of the Auckland Harbour Board and Takapuna Borough Council Empowering Act, 1923 that incorporates all the amendments to that Act as at the date of the last amendment to it.

2 About this consolidation

This consolidation is not an official version of the legislation under section 78 of the Legislation Act 2019.

3 Amendments incorporated in this consolidation

Auckland Harbour Board and Takapuna Borough Council Empowering Amendment Act 2025 (2025 No 1 (L))

Local Government (Auckland Transitional Provisions) Act 2010 (2010 No 37): section 113(1)

Auckland Harbour Board and Takapuna Borough Council Empowering Act 1923