The Parliamentary Counsel Office has made editorial and format changes to this version using the powers under subpart 2 of Part 3 of the Legislation Act 2019.

Note 4 at the end of this version provides a list of the amendments included in it.

	Title
	Preamble
1	Short Title
2	Changing reservation of recreation reserve, and cancelling Harbour Board rights
3	Power to stop unformed street along seashore for recreation reserve
4	Power to lease recreation reserve vested in Corporation pursuant to this Act
5	Power to erect certain buildings on the said land
	Schedule 1
	Schedule 2
	Notes

An Act to remove certain restrictions and Harbour Board rights in respect of a recreation reserve in the Borough of Sumner, to make provision for the stopping of a certain unformed street along the seashore in order to provide a further recreation reserve, and to confer certain powers on the Sumner Borough Council in respect of the said reserves

Preamble

Whereas under section 34 of the Reserves and other Lands Sale, Disposal, and Enabling and Public Bodies Empowering Act 1901, the Corporation of the Borough of Sumner (hereinafter referred to as the Corporation) is seised of an estate in fee simple in all that parcel of land described in Schedule 1 as a reserve for recreation purposes without power of sale or lease and subject to the condition that should the Lyttelton Harbour Board or any other Harbour Board at any time require the land for harbour or harbour works purposes they shall have the right to enter upon, occupy, and use the same without having to pay compensation for so doing:

And whereas the land will not be required by the Lyttelton Harbour Board or any other Harbour Board for harbour or harbour works purposes:

And whereas it is desirable to grant to the Sumner Borough Council (hereinafter referred to as the Council) power to lease the said land:

And whereas all that parcel of land described in Schedule 2 is vested in the Corporation and is part of an unformed street along the margin of the sea and is not required for use as a street:

And whereas it is desirable to vest the said land described in Schedule 2 in the Corporation as a reserve for recreation purposes without power of sale but with power to lease the said land.

1 Short Title

This Act may be cited as the Sumner Borough Empowering Act 1936.

2 Changing reservation of recreation reserve, and cancelling Harbour Board rights

(1)

The Governor-General may by Order in Council cancel the existing reservation over the land described in Schedule 1, and also cancel the hereinbefore recited condition in favour of the Lyttelton Harbour Board or any other Harbour Board, and declare the said land to be vested in the Corporation as a reserve for recreation purposes.

(2)

An order under this section is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).

Legislation Act 2019 requirements for secondary legislation made under this section
Publication	PCO must publish it on the legislation website and notify it in the Gazette	LA19 s 69(1)(c)
Presentation	The Minister must present it to the House of Representatives	LA19 s 114, Sch 1 cl 32(1)(a)
Disallowance	It may be disallowed by the House of Representatives	LA19 ss 115, 116
This note is not part of the Act.

Section 2(2): inserted, on 28 October 2021, by section 3 of the Secondary Legislation Act 2021 (2021 No 7).

3 Power to stop unformed street along seashore for recreation reserve

Notwithstanding anything to the contrary in the Municipal Corporations Act 1933, the Council may, in the manner and upon the conditions set out in Schedule 5 of that Act, stop the portion of a street described in Schedule 2. Nothing in the foregoing provisions of this section shall be construed to affect the power of the Governor-General to close that portion of a street under section 12 of the Land Act 1924. Upon the said portion of a street being stopped or closed the land described in Schedule 2 shall be deemed to be vested in the Corporation as a reserve for recreation purposes.

4 Power to lease recreation reserve vested in Corporation pursuant to this Act

(1)

The Council may lease any land that is vested in the Corporation as a reserve pursuant to the foregoing provisions of this Act, or any part thereof, together with any buildings thereon, either by public auction or by public tender, for any period not exceeding 21 years, with a right of renewal for a period not exceeding 21 years, but not exceeding a total period of 42 years, upon such terms and conditions as may be approved by the Council.

(2)

The powers conferred by this section may be validly exercised notwithstanding any restriction or limitation imposed by any other Act.

5 Power to erect certain buildings on the said land

The Council may place, erect, construct, and maintain on any land that is vested in the Corporation as a reserve pursuant to section 2 or section 3, or any part or parts thereof, such buildings as the Council may deem advisable for the establishment and development of tea rooms, bathing sheds, social hall, caretaker’s residence, sunbathing and life-saving facilities, swimming baths, children’s playgrounds, and other beach amenities.

Schedule 1

All that parcel of land in the Land District of Canterbury, situated in the Borough of Sumner, containing 11 acres or thereabouts, being Reserve 3549, and being all the land comprised in certificate of title, Volume 234, folio 121, Canterbury Land Registry.

Schedule 2

All that parcel of land in the Land District of Canterbury, situated in the Borough of Sumner, and containing by admeasurement 2 roods 25.4 perches, more or less, and being the land more particularly delineated on plan numbered 2425, deposited in the office of the Chief Surveyor at Christchurch, and thereon marked Lot 1, and coloured green.

Notes

1 General

This is a consolidation of the Sumner Borough Empowering Act 1936 that incorporates the amendments made to the legislation so that it shows the law as at its stated date.

2 Legal status

A consolidation is taken to correctly state, as at its stated date, the law enacted or made by the legislation consolidated and by the amendments. This presumption applies unless the contrary is shown.

Section 78 of the Legislation Act 2019 provides that this consolidation, published as an electronic version, is an official version. A printed version of legislation that is produced directly from this official electronic version is also an official version.

3 Editorial and format changes

The Parliamentary Counsel Office makes editorial and format changes to consolidations using the powers under subpart 2 of Part 3 of the Legislation Act 2019. See also PCO editorial conventions for consolidations.

4 Amendments incorporated in this consolidation

Secondary Legislation Act 2021 (2021 No 7): section 3

Sumner Borough Empowering Act 1936