An Act to enable the body corporate, the Chairman, Councillors, and Inhabitants of the County of Waitemata, to reclaim from the sea an area of approximately 28 acres and 20 perches being land below mean high-water mark, being Part Bed of Orewa River, and to vest that land and certain other land in the Corporation

1 Short Title

This Act may be cited as the Waitemata County Council Empowering Act 1971.

2 Interpretation

In this Act, unless the context otherwise requires,—

Corporation means the Auckland Council established by section 6(1) of the Local Government (Auckland Council) Act 2009

Council means the Auckland Council established by section 6(1) of the Local Government (Auckland Council) Act 2009.

Section 2 Corporation: replaced, on 1 November 2010, by section 113(1) of the Local Government (Auckland Transitional Provisions) Act 2010 (2010 No 37).

Section 2 Council: replaced, on 1 November 2010, by section 113(1) of the Local Government (Auckland Transitional Provisions) Act 2010 (2010 No 37).

3 Special Act

This Act shall be deemed to be a special Act within the meaning of the Harbours Act 1950.

4 Authority to reclaim

(1)

Subject to the provisions of the Harbours Act 1950 and of this Act, the Council may from time to time reclaim from the sea the land described in Schedule 1 or any part or parts thereof, and shall reclaim from the sea such additional land adjoining the land described in Schedule 2 as the Minister of Lands considers necessary for the purposes of subsections (2) and (3) of section 8.

(2)

The Council may, in the name of and on behalf of the Corporation, enter into any contract with any person for the construction of such reclamation or any part or parts thereof and for the execution of all or any works which may be necessary or expedient in connection with any such reclamation and for the other purposes of this Act on such terms and conditions as the Council may think fit.

5 Reclaimed land to form part of Auckland

(1)

On the completion of the reclamation of any of the land described in Schedules 1 and 2, and of the additional land required to be reclaimed by subsection (1) of section 4, the reclaimed land shall, notwithstanding anything in any other Act and without further or other authority than this section, be included within Auckland; and any alteration of the boundary or boundaries of the county resulting from that inclusion shall be deemed to have been effected pursuant to the Counties Act 1956.

(2)

Without limiting the effect of subsection (1), any such alteration of the boundary or boundaries shall from time to time, on the written application of the chief executive or other responsible officer of the Council and without further authority or procedure, be recorded by the Secretary of Internal Affairs by notice in the Gazette.

Section 5 heading: amended, on 1 November 2010, by section 113(1) of the Local Government (Auckland Transitional Provisions) Act 2010 (2010 No 37).

Section 5(1): amended, on 1 November 2010, by section 113(1) of the Local Government (Auckland Transitional Provisions) Act 2010 (2010 No 37).

Section 5(2): amended, on 1 November 2010, by section 113(1) of the Local Government (Auckland Transitional Provisions) Act 2010 (2010 No 37).

6 Reclamation not to prejudice other powers and rights

Nothing in this Act shall be construed as limiting—

(a)

the powers of the Director-General of Health or other proper officers of the Ministry of Health to make and issue directions and requisitions relating to the materials to be used on any reclamation under the authority of this Act and the methods of construction, covering, protection, and maintenance of such reclamation or in respect of any other matter authorised in the Health Act 1956 or in any other Act:

(b)

the application of the provisions of the Town and Country Planning Act 1953.

Section 6(a): amended, on 1 July 1993, pursuant to section 38(3)(a) of the Health Amendment Act 1993 (1993 No 24).

7 Council not authorised to create a nuisance

Nothing in this Act shall entitle the Council to create a nuisance or shall deprive any person of any right or remedy he would otherwise have against the Council or any other person in respect of any such nuisance, and no restriction or condition imposed by the Minister of Marine pursuant to section 178 of the Harbours Act 1950 or requisition or direction issued in accordance with paragraph (a) of section 6, whether or not the Council has complied with the same, shall restrict the liability of the Council for any such nuisance.

8 Vesting of reclaimed land

(1)

Subject to subsection (2), the Minister of Marine, acting with the concurrence of the Minister of Lands, may from time to time, by notice published in the Gazette, vest in the Corporation for an estate in fee simple for the purposes of a sewage treatment plant (subject nevertheless to the same reservations and restrictions as are imposed by section 59 of the Land Act 1948) such portion or portions of the land described in Schedules 1 and 2 as are from time to time reclaimed.

(2)

The vesting of land under subsection (1) shall be deemed to be a disposition of the land under the Land Act 1948, and the provisions of subsection (1) of section 58 of that Act shall apply accordingly.

(3)

On the completion of the reclamation of the land described in Schedule 1, and of the land described in Schedule 2, and of the additional land required to be reclaimed by subsection (1) of section 4, the Minister of Lands may by notice in the Gazette vest the land reserved pursuant to subsection (2) in the Corporation; and on the vesting of that land in the Corporation the land shall be held by the Corporation for an estate in fee simple, and administered by the Council, for the purposes of a recreation reserve under the Reserves and Domains Act 1953.

9 Authorising District Land Registrar to issue certificates of title

The District Land Registrar for the Land Registration District of North Auckland is hereby authorised, on the deposit with him of such plans as he may require and on request by the Council, to issue in the name of the Corporation a certificate or certificates of title for any land vested in the Corporation under section 8.

10 Rights reserved

(1)

Nothing in this Act shall deprive any person of any right or remedy he would otherwise have in respect of any loss caused by the reclamation of land, and the vesting of land in the Corporation, under this Act; but this section shall not entitle the Crown to payment or compensation for any land belonging to the Crown which is so vested.

(2)

For the purposes of subsection (1), the term loss includes loss of property and any detriment, damage, or injury to property or person, whether that loss, detriment, damage, or injury is due to deprivation of or interference with the rights of any riparian owner or otherwise howsoever.

Schedule 1

All that area in the North Auckland Land District situated in Block VII, Waiwera Survey District, containing 28 acres and 20 perches, more or less, being land below mean high-water mark, being part bed of Orewa River, adjoining allotments 141 and 156, Parish of Waiwera, being part of the land shown on Deposited Plan 3449 and part of the land comprised and described in certificate of title, Volume 128, folio 81, North Auckland Registry, and shown edged red on the plan marked SO 46825 (MD 14211), deposited in the office of the Marine Department, Wellington.

Schedule 2

All those areas in the North Auckland Land District situated in Block VII, Waiwera Survey District,—namely:

containing 9 acres and 2 roods, more or less, being land below mean high-water mark Orewa River, adjoining Allotment 156, Parish of Waiwera, being part of the land shown on Deposited Plan 3449 and part of the land comprised and described in certificate of title, Volume 128, folio 81, North Auckland Registry, and shown edged red on the plan marked MD 14021 deposited in the office of the Marine Department, Wellington.

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

Notes

1 General

This is a reprint of the Waitemata County Council Empowering Act 1971. The reprint incorporates all the amendments to the Act as at 1 November 2010, 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:

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omission of unnecessary referential words (such as “of this section” and “of this Act”)
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typeface and type size (Times Roman, generally in 11.5 point)
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layout of provisions, including:
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  indentation
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  position of section headings (eg, the number and heading now appear above the section)
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format of definitions (eg, the defined term now appears in bold type, without quotation marks)
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format of dates (eg, a date formerly expressed as “the 1st day of January 1999” is now expressed as “1 January 1999”)
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position of the date of assent (it now appears on the front page of each Act)
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punctuation (eg, colons are not used after definitions)
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Parts numbered with roman numerals are replaced with arabic numerals, and all cross-references are changed accordingly
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case and appearance of letters and words, including:
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  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)
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  small capital letters in section and subsection references are now capital letters
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schedules are renumbered (eg, Schedule 1 replaces First Schedule), and all cross-references are changed accordingly
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running heads (the information that appears at the top of each page)
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format of two-column schedules of consequential amendments, and schedules of repeals (eg, they are rearranged into alphabetical order, rather than chronological).

5 List of amendments incorporated in this reprint (most recent first)

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

Health Amendment Act 1993 (1993 No 24): section 38(3)(a)

Waitemata County Council Empowering Act 1971