An Act to authorise the Southland Harbour Board to reclaim tidal land constituting part of the bed of the Bluff Harbour, and to develop and lease such reclaimed land for industrial commercial and other related purposes

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 Southland Harbour Board Reclamation and Empowering Act 1977.

2 Interpretation

In this Act, unless the context otherwise requires,—

“Board” means the Southland Harbour Board:

“The Act” means the Harbours Act 1950.

3 Special Act

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

4 Authority to carry out reclamation

The Board is hereby authorised and empowered, notwithstanding anything contained in section 175 of the Act but subject to the provisions of sections 175b and 176 to 182 of the Act, to reclaim land constituting part of the bed of the Bluff Harbour, namely the land described in the Schedule to this Act.

5 Authority to develop

The Board is hereby empowered to develop from time to time for such industrial, commercial, or other related purposes as the Board may think fit the land described in the Schedule to this Act or any part thereof and for such purposes may—

(a)

Subdivide and re-subdivide the same into allotments suitable for the purposes for which the same are to be developed:

(b)

Construct or provide such public works and amenities as may be deemed necessary or desirable for the use convenience and enjoyment of such land including—

(i)

The vesting, creation, or provision of streets, service lanes, access ways, rights of way, and other means of communication or access;

(ii)

Services for water supply, drainage, sewerage, electric lighting, power, and all other amenities; and

(iii)

All works necessary to comply with any lawful requirements of any local or public authority.

6 Reclamation and development not to affect other powers and rights

Nothing in sections 4 and 5 of this Act shall be construed as limiting—

(a)

The powers of the Director-General of Health or other proper officers of the Department 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—

(i)

The Public Works Act 1928:

(ii)

The Town and Country Planning Act 1953:

(iii)

The Counties Act 1956:

(iv)

The Municipal Corporations Act 1954:

(v)

The Water and Soil Conservation Act 1967.

7 Board not authorised to create a nuisance

Nothing in section 4 or section 5 of this Act shall entitle the Board to create a nuisance or shall deprive any person of any right or remedy he would otherwise have against the Board or any other person in respect of any such nuisance, and no restriction or condition imposed by the Minister of Transport pursuant to section 178 of the Act or requisition or direction issued in accordance with section 6(a) of this Act whether or not the Board has complied with the same shall restrict the liability of the Board for any such nuisance.

8 Rights reserved

(1)

Nothing in section 4 of 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 under that section.

(2)

For the purposes of subsection (1) of this section 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.

9 Special leasing powers

(1)

The Board is hereby empowered, notwithstanding anything contained in the Public Bodies Leases Act 1969, to call for tenders from the public for a lease of the land described in the Schedule to this Act or part thereof upon such terms and conditions as the Board may decide including a term or condition that the lessee carry out the reclamation of the area or part thereof and other works associated with the reclamation. In granting a lease which includes the latter term or condition, the Board shall require the insertion in the lease of a sufficient penalty or bond to ensure compliance with that term or condition.

(2)

It shall be lawful for the Board on completion of the reclamation or any part thereof to lease by private contract or otherwise the same or any part thereof on such terms and conditions and at such rental or rentals as may be approved by the Board.

(3)

Sections 7, 8, 18, and 19 of the Public Bodies Leases Act 1969 shall not apply to the leasing by the Board, or to any lease granted by the Board, pursuant to this section and any other provision of that Act or any other Act which is inconsistent with the provisions of this section shall be deemed to be modified to the extent of such inconsistency.

Schedule

All those parcels of land situated in the Campbelltown Hundred containing together 6.4177 hectares, more or less, being parts of the Bluff Harbour Endowment situated in Block I of the said Hundred and being more particularly shown on Survey Office plan No. 9163 and thereon marked “A” “B” and “C”.

Sort by

Southland Harbour Board Reclamation and Empowering Act 1977