This Act may be cited as the Tauranga Harbour Board Loan and Empowering Act 1964.

In this Act, unless the context otherwise requires, the term “Board” means the Tauranga Harbour Board.

This Act shall be deemed to be a special Act within the meaning of the Harbours Act 1950 and the Local Authorities Loans Act 1956.

The works and matters specified in the Schedule to this Act, shall, for the purposes of the Harbours Act 1950 or any other Act, be deemed to be harbour works.

The Board is hereby authorised, subject to the Harbours Act 1950, to construct and carry out such harbour works.

The Board is hereby authorised, notwithstanding anything in section 175 of the Harbours Act 1950, but subject to the provisions of sections 178 to 182 of that Act, to reclaim the following areas:

The District Land Registrar for the South Auckland Land Registration District, on receipt of written notice from the Minister of Marine that the whole of the land comprised in the areas of tidal and harbour bed land described in section 5 of this Act has been effectively reclaimed from the sea, and on the deposit of such plans as he may require, may issue a certificate of title in the name of the Board for the said land, which shall then be held by the Board for the purposes of the Harbours Act 1950.

It shall be lawful for the Board from time to time to borrow, in addition to the sums authorised by any previous Acts, and subject to the provisions of the Harbours Act 1950 and of this Act and of the Local Authorities Loans Act 1956, any sum or sums not exceeding in the aggregate the sum of five hundred thousand pounds, to be applied and expended, subject to the provisions of the Harbours Act 1950, in the construction of the harbour works and for the other purposes specified in the Schedule to this Act.

Notwithstanding anything in the Harbours Act 1950, and without prejudice to any of the powers contained in or any rights granted under section 8 of the Tauranga Harbour Board Loan and Empowering Act 1959, the Board is hereby authorised, when congestion occurs or is likely to occur in handling cargoes at the port, to regulate and control the allocation of berthage and storage and to grant prior rights thereto during construction of the additional berthage referred to in the Schedule to this Act.

It shall be lawful for a trustee, unless expressly forbidden by the instrument (if any) expressly creating the trust, to invest any trust funds in his hands in any debentures or other securities that may be issued or created by the Board in respect of the borrowing by the Board of any of the money authorised by this Act to be borrowed.