Preamble

Whereas by a certain memorandum of transfer, registered Number 83097, certain land described as containing 1 acre 1 rood and 37 perches, more or less, being the parts of Section 25 on the plan of the Hutt District shown as streets on Deposited Plan Number 89, and being all the land contained in certificate of title, Volume 193, folio 202, Wellington Registry, was transferred to the Mayor, Councillors, and Burgesses of the Borough of Lower Hutt:

And whereas by section 66 of the Reserves and Other Lands Disposal and Public Bodies Empowering Act 1923 the Lower Hutt Borough Council was empowered to purchase all that piece or parcel of land consisting of 3 acres and 21.7 perches, together with Lots 1 and 2 on Deposited Plan Number 3804, consisting of 3 roods and 24.5 perches, the said lands together comprising all the land in certificate of title, Volume 298, folio 89, Wellington Registry, and such purchase was duly completed, and the said Lots 1 and 2 on Deposited Plan Number 3804 duly sold in pursuance of the power in that behalf in the said section 66:

And whereas certain other portions of the lands more particularly hereinbefore described have been from time to time alienated and the balance of such lands are now, in the name of the Mayor, Councillors, and Citizens of the City of Lower Hutt, comprised in certificate of title, Volume 517, folio 287, Wellington Registry, and are known as Riddiford Park, as the same are more particularly described in Schedule 1:

And whereas the Lower Hutt City Council desires to proceed with the development of the commercial area of the city and with the provision of internal traffic routes and with the erection of civic and other buildings:

And whereas it is expedient to empower the Council to set apart portion of Riddiford Park for such municipal uses or purposes as the Council may from time to time determine.

1 Short Title

This Act may be cited as the Lower Hutt City Empowering Act 1951.

2 Interpretation

In this Act, unless the context otherwise requires,—

City means the City of Lower Hutt

Corporation means the Corporation of the Mayor, Councillors, and Citizens of the City of Lower Hutt

Council means the Lower Hutt City Council

Riddiford Park or Park means all the land described in Schedule 1

the said section 66 means section 66 of the Reserves and Other Lands Disposal and Public Bodies Empowering Act 1923.

3 Certain areas declared part of Riddiford Park

Those portions of the Park described originally in certificate of title, Volume 193, folio 202, Wellington Registry, and subsequently in certificate of title, Volume 517, folio 287, Wellington Registry, as the parts of section 25 on the plan of the Hutt District shown as streets on Deposited Plan Number 89, being part of the land described in Schedule 1, are hereby declared not to be streets within the meaning of the Municipal Corporations Act 1933 or of any other Act, and shall be deemed to be part of the Park and subject to the provisions of the said section 66.

4 Certain other lands declared part of Park

All those pieces of land more particularly described in Schedule 2 and now vested in the Corporation for an estate in fee simple are hereby declared to be part of the Park and subject to the provisions of the said section 66.

5 Power to set apart portion of Park for municipal purposes

(1) Notwithstanding anything in the said section 66, or in any other Act, the Council may by special order set apart that portion of the Park described in Schedule 3, or any part or parts thereof, for such municipal uses or purposes, including that of a street, as the Council may from time to time determine.

(2) Any land set apart for the purposes of a street under subsection (1) shall thereupon be deemed for all purposes to be a street subject to the provisions of the Municipal Corporations Act 1933.

(3) Where any land is set apart under this section for any municipal use or purpose other than that of a street, the Council may at any time by special order alter or amend the use or purpose for which it is so set aside.

6 Erection of buildings for certain purposes

(1) The Council may erect upon the lands described in Schedules 1 and 2 such buildings as it may deem necessary for cultural, educational, or recreational purposes or for the purposes of a town hall and administrative offices.

(2) All buildings at any time heretofore erected on the Park shall be deemed to have been lawfully erected and every alienation heretofore made by the Council of any part of the lands originally acquired by the Council in connection with the Park shall be deemed to have been lawfully made.

s 3

All that piece of land, situate in the City of Lower Hutt, containing 4 acres 1 rood 21⁹/₁₀ perches, more or less, being part of Section 25 of the Hutt District, parts of the said piece of land being also Lots 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 41, 42, 43, 44, and 45 and parts of Lots 12, 13, 14, 15, 16, 39, 40, 46, 47, 48, 49, 50, 51, and 52 and parts of the streets on Deposited Plan No 89; also Lots 6, 7, and part of Lot 9 on Deposited Plan No 6494 and part of Lot 2 on Deposited Plan No 3804; and being the whole of the land contained and described in certificate of title, Vol 517, folio 287, Wellington Registry.

s 4

Particulars of land (all being part of Section 25 of the Hutt District)		Area		Certificate of title reference (Wellington Registry)
		r	p	Certificate of title reference (Wellington Registry)
1	Part of Lot 4 on Deposited Plan No 664	1	29	Vol 222, folio 28.
2	Part of Lot 4 on Deposited Plan No 664	1	4.1	Vol 204, folio 34.
3	Lot 17 on Deposited Plan No 89	0	9.9	Vol 15, folio 278.
4	Lots 4 and 22 on Deposited Plan No 89	0	20	Vol 18, folio 103.
5	Lot 3 on Deposited Plan No 89	0	12	Vol 24, folio 267.
6	Lots 5 and 6 on Deposited Plan No 89	0	24	Vol 36, folio 89.
7	Lots 20 and 21 on Deposited Plan No 89	0	14	Vol 38, folio 63.
8	Lot 9 on Deposited Plan No 89	0	12	Vol 39, folio 71.
9	Lots 2, 23, and 24, on Deposited Plan No 89	0	35.8	Vol 44, folio 215.
10	Part of Lots 8 and 18 on Deposited Plan No 89	0	4	Vol 65, folio 199.
11	Lots 7 and 19 and part of Lots 8 and 18 on Deposited Plan No 89	0	38	Vol 71, folio 214.
	Total area: 1 acre 3 roods 2.8 perches.

s 5(1)

All those areas containing together by admeasurement 1 acre and 6 perches, more or less, being Lots 6, 7, and Part 9 on Deposited Plan 6494, Part Lot 2 on Deposited Plan 3804, Part Lots 39, 40, 41, 42, 43, 44, 45, 46, 47, 48, 49, 50, 51, and 52 and part Fraser Street and Martin Street on Deposited Plan 89, being Part Section 25, Hutt District, and being part of the land comprised and described in certificate of title, Vol 517, folio 287, Wellington Registry; as the same are more particularly delineated on SO Plan 22540, deposited in the office of the Chief Surveyor at Wellington, and thereon coloured orange.

1General
2Status of reprints
3How reprints are prepared
4Changes made under section 17C of the Acts and Regulations Publication Act 1989
5List of amendments incorporated in this reprint (most recent first)

Notes

1 General

This is a reprint of the Lower Hutt City Empowering Act 1951. The reprint incorporates all the amendments to the Act as at 7 December 1951, as specified in the list of amendments at the end of these notes.

Relevant provisions of any amending enactments that contain transitional, savings, or application provisions that cannot be compiled in the reprint are also included, after the principal enactment, in chronological order. For more information, see http://www.pco.parliament.govt.nz/reprints/ .

2 Status of reprints

Under section 16D of the Acts and Regulations Publication Act 1989, reprints are presumed to correctly state, as at the date of the reprint, the law enacted by the principal enactment and by the amendments to that enactment. This presumption applies even though editorial changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in the reprint.

This presumption may be rebutted by producing the official volumes of statutes or statutory regulations in which the principal enactment and its amendments are contained.

3 How reprints are prepared

A number of editorial conventions are followed in the preparation of reprints. For example, the enacting words are not included in Acts, and provisions that are repealed or revoked are omitted. For a detailed list of the editorial conventions, see http://www.pco.parliament.govt.nz/editorial-conventions/ or Part 8 of the Tables of New Zealand Acts and Ordinances and Statutory Regulations and Deemed Regulations in Force.

4 Changes made under section 17C of the Acts and Regulations Publication Act 1989

Section 17C of the Acts and Regulations Publication Act 1989 authorises the making of editorial changes in a reprint as set out in sections 17D and 17E of that Act so that, to the extent permitted, the format and style of the reprinted enactment is consistent with current legislative drafting practice. Changes that would alter the effect of the legislation are not permitted.

A new format of legislation was introduced on 1 January 2000. Changes to legislative drafting style have also been made since 1997, and are ongoing. To the extent permitted by section 17C of the Acts and Regulations Publication Act 1989, all legislation reprinted after 1 January 2000 is in the new format for legislation and reflects current drafting practice at the time of the reprint.

In outline, the editorial changes made in reprints under the authority of section 17C of the Acts and Regulations Publication Act 1989 are set out below, and they have been applied, where relevant, in the preparation of this reprint:
- •omission of unnecessary referential words (such as “of this section” and “of this Act”)
- •typeface and type size (Times Roman, generally in 11.5 point)
- •layout of provisions, including:
  - •indentation
  - •position of section headings (eg, the number and heading now appear above the section)
- •format of definitions (eg, the defined term now appears in bold type, without quotation marks)
- •format of dates (eg, a date formerly expressed as “the 1st day of January 1999” is now expressed as “1 January 1999”)
- •position of the date of assent (it now appears on the front page of each Act)
- •punctuation (eg, colons are not used after definitions)
- •Parts numbered with roman numerals are replaced with arabic numerals, and all cross-references are changed accordingly
- •case and appearance of letters and words, including:
  - •format of headings (eg, headings where each word formerly appeared with an initial capital letter followed by small capital letters are amended so that the heading appears in bold, with only the first word (and any proper nouns) appearing with an initial capital letter)
  - •small capital letters in section and subsection references are now capital letters
- •schedules are renumbered (eg, Schedule 1 replaces First Schedule), and all cross-references are changed accordingly
- •running heads (the information that appears at the top of each page)
- •format of two-column schedules of consequential amendments, and schedules of repeals (eg, they are rearranged into alphabetical order, rather than chronological).

Lower Hutt City Empowering Act 1951