Conferring powers on Minister and Auckland Harbour Board in relation to Naval Base at Auckland.

Schedule Land to be transferred to the Crown by the Auckland Harbour Board

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Naval Defence Amendment Act 1936

Public Act		1936 No 46
Date of assent		31 October 1936

	Title
1	Short Title.
2	Interpretation.
3	Naval Secretary.
4	Establishment of Naval Board.
5	Functions of Naval Board.
6	Conferring powers on Minister and Auckland Harbour Board in relation to Naval Base at Auckland.
	Schedule Land to be transferred to the Crown by the Auckland Harbour Board

An Act to amend the Naval Defence Act, 1913.

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 Naval Defence Amendment Act, 1936, and shall be read together with and deemed part of the Naval Defence Act, 1913 (hereinafter referred to as the principal Act).

2 Interpretation.

In this Act, unless the context otherwise requires,—

“Board” means the Naval Board of New Zealand established under this Act:

“Commissioners” means the Lords Commissioners for executing the office of Lord High Admiral of the United Kingdom:

“Minister” means the Minister of Defence.

3 Naval Secretary.

(1)

The Governor-General may from time to time appoint an officer of the Accountant Branch of the Royal Navy to hold office during his pleasure as Naval Secretary.

(2)

The Naval Secretary shall exercise such powers and perform such duties under the principal Act as the Minister from time to time determines.

(3)

The person holding office as Naval Secretary at the passing of this Act shall be deemed to have been appointed under this section.

4 Establishment of Naval Board.

(1)

There is hereby established a Board to be called the Naval Board of New Zealand (hereinafter referred to as the Board).

(2)

The Board shall consist of—

(a)

The Minister, who shall be the Chairman of the Board:

(b)

One or two persons (being executive officers of the Royal Navy) to be from time to time appointed by the Governor-General and to hold office during his pleasure:

(c)

The Naval Secretary.

(3)

The powers of the Board shall not be affected by any vacancy in the membership thereof.

(4)

Subject to the provisions of any regulations under the principal Act, the Board may regulate its own procedure.

5 Functions of Naval Board.

The Board shall have such powers, functions, and duties in relation to the Naval Forces and naval establishments and the administration of the principal Act as may from time to time be prescribed by regulations under that Act, and shall have all such other powers as are reasonably necessary for the effective performance of its functions and duties.

6 Conferring powers on Minister and Auckland Harbour Board in relation to Naval Base at Auckland.

(1)

The Minister (acting on behalf of the Crown) and the Auckland Harbour Board may from time to time make, enforce, and perform such contracts as they think fit with each other and with the Commissioners and any other persons in relation to the Calliope Dock at Auckland and any land adjacent or near thereto, and any real or personal property, works, and services in connection therewith.

(2)

Without limiting in any way the general powers hereinbefore conferred, it is hereby expressly declared that contracts may be made under this section for all or any of the following purposes:—

(a)

Providing for the transfer by the Auckland Harbour Board to His Majesty the King for naval defence purposes of the land described in the Schedule to this Act, together with all the wharves, jetties, landing-places, and buildings, and all or any of the chattels situated thereon:

(b)

Providing for the maintenance, improvement, equipment, and operation of the Calliope Dock, and for the construction, maintenance, improvement, equipment, and operation of other works in connection with the dock:

(c)

Providing for the provision by the Auckland Harbour Board, the Minister, or any other person, of water, electrical energy, compressed-air services, crane services, and other services in connection with the Calliope Dock, and for the terms and conditions on which the dock and such services shall be available, and in particular for the granting to the Crown and to the Commissioners of a right to the use of the dock and to any such services in priority to any other person:

(d)

Providing for the granting to the Crown and to the Commissioners of rights of way, easements, options to purchase, and other rights in respect of the Calliope Dock and of any real or personal property, works, and services in connection therewith belonging to the Auckland Harbour Board or any other person; and in particular, providing for the assumption by the Minister of possession and control of the dock and of all real or personal property, works, and services of the Auckland Harbour Board in connection therewith in such circumstances and upon such terms and conditions as may be agreed upon:

(e)

Providing for the granting to the Commissioners and to the Auckland Harbour Board of rights of way, easements, options to purchase, and other rights in respect of any real or personal property, works, and services belonging to the Crown in relation to the Calliope Dock and the adjacent land:

(f)

Providing for the payment of monetary consideration by and to any parties to the contracts, whether by way of capital moneys (payable in one sum or by annual or other instalments), or by way of annual or other periodical payments, or otherwise howsoever:

(g)

Generally providing for the administration of the Calliope Dock and the land described in the Schedule to this Act, and of any other land added thereto and of all real or personal property, works, and services in connection therewith, and for the rights and liabilities in relation thereto of the respective parties to the contracts.

Schedule Land to be transferred to the Crown by the Auckland Harbour Board

All that area in the North Auckland Land District, situated in Block VI, Rangitoto Survey District, containing by admeasurement 16 acres and 1 rood, more or less, being part of Allotment 32 and part of Allotment 33 of Section 2, Parish of Takapuna, contained in Deeds Register, Volume 17a, folio 179; part of Allotment 33 of Section 2, Parish of Takapuna, contained in certificate of title, Volume 511, folio 10; land reclaimed from the sea and land below mean high-water mark of Waitemata Harbour, contained in certificate of title, Volume 511, folio 7: bounded, commencing at a point on mean high-water mark, Waitemata Harbour, being the south-western corner of Lot 77 on a plan numbered 1055, deposited in the office of the District Land Registrar at Auckland; in a south-easterly direction along the mean high-water mark forming the south-western boundaries of Lots 77, 76, 75, 74, and 73 on Deposited Plan 1055 aforesaid to the southernmost corner of the last-mentioned lot; thence in an easterly direction by a right line forming the southern boundaries of Lots 72, 71, 70, 69, 68, 67, 66, 65, 64, 63, 62, 61, and 60 on Deposited Plan 1055 aforesaid to the western side of Wharf Street; thence in a southerly direction along the western side of Wharf Street to and along the western boundary of Allotment 44 of Section 2, Parish of Takapuna, contained in certificate of title, Volume 476, folio 297, to and along the western boundary of Allotment 45 of Section 2, Parish of Takapuna, contained in certificate of title, Volume 614, folio 199, to and along the western boundary of land reclaimed from the sea shown in Plan 23202 deposited as aforesaid, and contained in certificate of title, Volume 624, folio 164, to the south-western corner of the last-mentioned parcel of land; thence by right lines bearing 276° 06’, distance 9768 links; bearing 237° 07’, distance 36·34 links; bearing 326° 29’, distance 244·2 links; bearing 236° 09’, distance 53·03 links; bearing 326° 09’, distance 654·27 links; bearing 236° 29’, distance 37 87 links; bearing 326° 29’, distance 60·61 links; bearing 271° 27’, distance 23685 links; bearing 236° 30’, distance 48·47 links; bearing 146° 30’, distance 10864 links; bearing 56° 30’, distance 10·39 links; bearing 146° 30’, distance 28·29 links; bearing 187° 00’, distance 72·79 links; bearing 146° 30’, distance 48987 links; bearing 236° 30’, distance 54·51 links; bearing 146° 30’, distance 303·03 links; bearing 56° 30’, distance 54·51 links; bearing 146° 30’, distance 106·06 links; bearing 57° 07’, distance 88·35 links; bearing 208° 49’, distance 260·02 links; bearing 293° 09’, distance 1738·6 links; bearing 23° 09’, distance 600 links; bearing 52° 12’, distance 572·2 links; to the south-western corner of Lot 77 on Deposited Plan 1055 aforesaid, the point of commencement; be all the aforesaid admeasurements a little more or less: as the same is more particularly delineated on a plan numbered 28727, blue, deposited in the office of the Chief Surveyor at Auckland, and thereon bordered blue: excepting thereout such portion of the public street dedicated by conveyance numbered 31825 as passes through the above-described land, and also excepting the residue of the land contained in Deeds Register, Volume 17a, folio 536, which residue is also a portion of a public street, both the excepted portions being coloured yellow on the said plan numbered 28727, blue.

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Naval Defence Amendment Act 1936