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Napier Harbour Board Empowering Act 1974

Local Act		1974 No 12
Date of assent		11 October 1974

	Title
1	Short Title
2	Interpretation
3	Land may be sold to lessees
4	Application of purchase money

An Act to empower the Napier Harbour Board to sell land vested in it pursuant to the Napier Harbour Board Act 1874 and the Napier Harbour Board Act 1876

BE IT ENACTED by the General Assembly of New Zealand in Parliament assembled, and by the authority of the same, as follows:

1 Short Title

This Act may be cited as the Napier Harbour Board Empowering Act 1974.

2 Interpretation

In this Act, unless the context otherwise requires, “Board” means the Napier Harbour Board incorporated under the provisions of the Harbours Act 1950.

3 Land may be sold to lessees

(1)

Where any land vested in the Board pursuant to the Napier Harbour Board Act 1874 and the Napier Harbour Board Act 1876 is for the time being leased under paragraphs (e), (f), or (g) of section 5 of the Public Bodies Leases Act 1908 or paragraphs (e), (f), or (g) of subsection (1) of section 7 of the Public Bodies Leases Act 1969, the Board may sell and transfer for cash to the lessee thereof the fee simple of the land comprised in the lease provided the following conditions are satisfied:

(a)

The lessee is a board incorporated under the Charitable Trusts Act 1957 or is a corporation sole by virtue of any enactment and is either occupying the land for use as a church or for the purpose of providing accommodation for the elderly; or

(b)

There is erected on the land leased a building which in the opinion of the Board (whose decision shall be final) is designed for residential purposes and is occupied by the lessee and his family exclusively as his or their home; and

(c)

In respect of paragraph (b) of this subsection, the lessee has been the registered lessee of the land and has used the land as aforesaid for a period in excess of 5 years; and

(d)

Simultaneously with the transfer of the fee simple of the said land the lessee, at his own cost and to the satisfaction of the Board will arrange for the registration of the effective merger of his leasehold interest in such fee simple or otherwise for the effective extinguishment of his leasehold interest.

(2)

Any such sale shall be on the basis of the current land value of the land as determined by a registered valuer appointed by the Board or, if the lessee is dissatisfied with the valuation, as fixed by arbitration in the manner provided for by the Arbitration Act 1908, together with—

(a)

The value as determined by such valuer of any improvements on the said land effected by the Board or any previous proprietor of the fee simple and not previously purchased by the lessee or any previous lessee; and

(b)

All valuation, survey, and other expenses of the Board relating to the fixation of the sale price and the sale and transfer of the fee simple to the lessee:

Provided that where the lessee elects to have the valuation fixed by arbitration, notwithstanding any of the provisions of the Arbitration Act 1908 (including the Second Schedule thereto) all costs of the reference and award including arbitrator’s and umpire fees and charges shall be paid by the lessee:

Provided also that if a lessee requests the Board to sell to him the fee simple of the land comprised in his lease and the Board undertakes a valuation for such purpose, the lessee shall bear the costs of and incidental to such valuation even if he does not proceed with the purchase.

(3)

On completion of any such cash sale and transfer the land affected thereby shall be freed from all trusts theretofore affecting it.

(4)

In subsection (2) of this section, the terms “land value” and “improvements” shall have the same meanings as they have in the Valuation of Land Act 1951.

4 Application of purchase money

Where the fee simple of land is sold to the lessee under section 3 of this Act, the purchase money shall be paid by the Board to a special account to be known as the Napier Harbour Board Sale of Residential Land Account, and—

(a)

The money or any part thereof shall be applied by the Board as it may from time to time think fit in the purchase of land to be acquired in the name of the Board as an endowment to replace the endowments so sold or in improving or developing land so purchased or held by the Board as an existing endowment; and

(b)

The income of any such money invested but not yet applied in accordance with paragraph (a) of this section shall be applied in the same manner as income from the existing endowments is applied:

Provided that if the income in any year exceeds the income which the Board would have normally expected to receive from the leasing of the endowments so sold, such excess income shall be applied in accordance with paragraph (a) of this section.

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Napier Harbour Board Empowering Act 1974