This Act may be cited as the Wellington Harbour Board Loan and Empowering Act 1967.

In this Act, unless the context otherwise requires,—

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

The lands and bed of the harbour described in Schedule 1 are hereby vested in the Board as an estate in fee simple for harbour purposes.

The Board may create, transfer, and dedicate such easements and roads as it may think fit for the use and development of the land described in Schedule 1 and item 1(b) of Schedule 2.

The District Land Registrar for the Land Registration District of Wellington is hereby authorised and directed, on deposit with him of such plans and documents as he may require, to issue to the Board certificates of title in respect of the lands or bed of the harbour vested in the Board in pursuance of section 4 and to register easements and roads created, transferred, or dedicated pursuant to section 5 and to make such entries in the register books and to do all such other things as may be necessary to give effect to the provisions of this section.

(1) The Board is hereby authorised and empowered, notwithstanding anything contained in section 175 of the Act, but subject to the provisions of sections 176 to 182 of the Act, to reclaim lands in the harbour of Wellington, namely, the lands comprised and described in items 2 and 3 of Schedule 2:

provided that where any part of the lands described in item 3 of Schedule 2 are reclaimed under the authority given under this subsection and are taken pursuant to section 148 of the Act for motorway purposes the compensation entitled to be received by the Board shall not exceed the amount which the Board has actually laid out upon the said land either for the costs of reclamation or otherwise in permanently improving the same.

(2) Whereas by a grant (hereinafter called the Te Aro grant) from the Crown dated 24 June 1874 a piece of land described in the Schedule of the Te Aro Reclamation Act 1879 was granted to the Mayor, Councillors, and Citizens of the City of Wellington (hereinafter called the Corporation) upon certain trusts for reclamation:

And whereas the said land was in the harbour of Wellington and below high-water mark:

And whereas by the Te Aro Reclamation Act 1879 power to fill up and reclaim the whole of the land in the Te Aro grant from the sea was conferred on the Corporation:

And whereas the Reclamation Within the Harbour of Wellington Act 1887 recited that reclamation as far as the seaward boundary line of the land comprised in the Te Aro grant would be injurious to the harbour of Wellington and it was necessary to define the limits beyond which future reclamation by the Corporation should not extend and further to provide for certain reclamation to the limits so defined:

And whereas the Reclamation Within the Harbour of Wellington Act 1887 defined a line as set forth in Schedule 1 of the said Act (hereinafter called the defined line) and provided that it should not be lawful for the Corporation to reclaim from the sea any part of the harbour of Wellington beyond (that is to say on the seaward side of) the limit of the defined line:

And whereas the Reclamation Within the Harbour of Wellington Act 1887 by section 10 thereof provided that the Board should have certain rights, privileges, and powers in respect of the said land lying between the defined line and the seaward limit of the Te Aro grant and the water covering the same other than the power of reclamation:

And whereas by the Wellington Harbour Board and Corporation Empowering Act 1898 and a deed dated 13 June 1898 between the Board and the Corporation (which deed was validated by such Act and is hereinafter called the deed) the Board was given power to carry out certain reclamation work over part of the said land lying between the defined line and the seaward limit of the Te Aro grant but by section 8 of the Wellington Harbour Board and Corporation Empowering Act 1898 the land specified in the fifteenth schedule to the deed (which land forms part of the Te Aro grant) was excluded from the power to reclaim and the Board covenanted in clause 7 of the deed that it would not reclaim from the sea any of the land described in the fifteenth schedule to the deed:

And whereas, pursuant to the deed, the land described in the fifteenth schedule was vested in the Board and now constitutes the land described in item 1(b) of Schedule 2:

And whereas to improve the facilities of the Port of Wellington and to suit the convenience of ships it is desired to reclaim the land described in items 1(a) and (b) of Schedule 2 (including the land described in the fifteenth schedule to the deed):

Be it therefore enacted as follows:

• (a) the Board is hereby authorised and empowered, notwithstanding anything contained in section 175 of the Act, but subject to sections 176 to 182 of the Act, to reclaim lands in the harbour of Wellington, namely, the land described in items 1(a) and (b) of Schedule 2:

• (b) the land described in item 1(b) of Schedule 2 shall cease to be subject to any restrictions imposed by the Reclamation Within the Harbour of Wellington Act 1887, the Wellington Harbour Board and Corporation Empowering Act 1898, and the deed dated 13 June 1898 between the Board and the Corporation:

• (c) the District Land Registrar for the Land Registration District of Wellington is hereby authorised and directed to remove any such restrictions from any certificates of title or other document relating to the land described in item 1(b) of Schedule 2.

(1) It shall be lawful for the Board from time to time, as it may require, to borrow, subject to the provisions of the Harbours Act 1950 and the Local Authorities Loans Act 1956 a sum or sums of money not exceeding in the aggregate the sum of $6,200,000.

(2) The money hereby authorised to be borrowed is in addition to any money heretofore authorised to be borrowed by the Board under any other Act.

All money borrowed under this Act shall be applied and expended in the construction of the harbour works and for the other purposes specified in Schedule 3.

Whereas the Board by the 1952 Act (as amended by section 7(1) of the Decimal Currency Act 1964) was inter alia given power to borrow and apply the sum of $5,000,000 in the construction of one of the harbour works specified in the Schedule of the 1952 Act, namely, the construction of Thorndon Wharf and Lambton Wharf at the Port of Wellington, each complete with wharf cranes and sheds with overhead cranes:

And whereas it is no longer desirable to proceed with the construction of the Thorndon Wharf and the Lambton Wharf as specified in the 1952 Act:

And whereas the Board desires to apply the said sum of $5,000,000 towards the harbour work specified in item 3 of Schedule 3:

Be it therefore enacted as follows:

The Board is hereby empowered, in addition to the expenditure hereinbefore authorised by this Act and its Schedule 3, to apply and expend in and towards the harbour work specified in item 3 of the said Schedule 3, being part of the Thorndon Wharf development, the said sum of $5,000,000 authorised to be borrowed in the 1952 Act.

(1) Whereas the Board by the 1961 Act (as amended by section 7(1) of the Decimal Currency Act 1964) was inter alia given power to borrow and apply the sum of $1,044,000 in the construction of one of the harbour works specified in the Schedule of the 1961 Act, namely, an additional amount for the reconstruction of King's Wharf, including rebuilding of Shed 31 with facilities for overseas passengers and cargo and including shed cranes and 10 wharf cranes:

And whereas to facilitate the shipping and unshipping of goods and to suit the convenience of ships and to improve the working of cargo facilities at the Port of Wellington, it is desired by the Board to proceed with the Thorndon Wharf development in priority to the said work upon King's Wharf:

And whereas the Board has borrowed pursuant to the 1961 Act and for the said work at King's Wharf and has not expended at the present time the sum of $551,272:

Be it therefore enacted as follows:

The Board is hereby empowered, in addition to the expenditure hereinbefore authorised by this Act and its Schedule 3, to apply and expend in and towards the harbour work specified in item 3 of the said Schedule 3, being part of the Thorndon Wharf development and the harbour work specified in item 1 of the said Schedule 3, being part of the Taranaki Street Wharf development, in such proportions as the Board may determine, the sum of $551,272 or such amount as may not be otherwise expended under the said authority contained in the 1961 Act and to provide that sum from the said moneys borrowed under the authority of the 1961 Act.

(2) Whereas the Board by the 1957 Act (as amended by section 7(1) of the Decimal Currency Act 1964) was inter alia given power to borrow and apply the sum of $800,000 in the construction of one of the harbour works specified in the Schedule of the 1957 Act, namely, reconstruction of South Inner Tee, Queen's Wharf, at the Port of Wellington, complete with shed with overhead cranes, and of approach to Outer Tee or such wharf:

And whereas to facilitate the shipping and unshipping of goods and to suit the convenience of ships and to improve the working of cargo facilities at the Port of Wellington, it is desired by the Board to proceed with the Taranaki Street Wharf Development in priority to the said works at Queen's Wharf specified in the 1957 Act:

And whereas the Board has borrowed pursuant to the 1957 Act and for the said works at Queen's Wharf and has not expended at the present time the sum of $82,194.90

Be it therefore enacted as follows:

The Board is hereby empowered, in addition to the expenditure hereinbefore authorised by this Act and its Schedule 3, to apply and expend in and towards the harbour works specified in item 1 of the said Schedule 3, being part of the Taranaki Street Wharf development, the sum of $82,194.90 or such amount as may not be expended under the said authority contained in the 1957 Act and to provide that sum from the said money borrowed under the authority of the 1957 Act.

(1) The Board is hereby empowered and authorised to sell, lease, or otherwise dispose of the whole or any part of the lands described in Schedule 4 for the purposes of and incidental to residential flats or high density housing, or other housing development or associated facilities and amenities and to create, transfer, and dedicate any roads or easements that may be necessary and to do all other things that may be necessary to give effect to the purposes of this section.

(2) If the Board leases the land described in Schedule 4 or any part thereof for the purposes specified in subsection (1), the provisions of the Public Bodies Leases Act 1908 shall not apply to the granting or terms of any such lease.

(3) Whereas by section 4 of the Wellington Harbour Board and Corporation Land Act 1880 the land described in item 3 of Schedule 4 was vested in the Board:

And whereas the said Act by section 5 thereof provided that the Board should not have any power to sell, mortgage, charge, lease, or otherwise alienate or dispose of the land described in item 3 of Schedule 4 nor should the land in item 3 of the said Schedule 4 be liable to be dealt with or affected by or under the provisions of sections 208 to 211 inclusive of the Harbours Act 1878 (which sections provide remedies for debenture holders of a harbour board):

And whereas to facilitate the Board selling, leasing, or otherwise disposing of the land described in item 3 of Schedule 4 it is desired to remove the restrictions imposed by the Wellington Harbour Board and Corporation Land Act 1880:

Be it therefore enacted as follows:

The land described in item 3 of Schedule 4 shall cease to be subject to the restrictions contained in the Wellington Harbour Board and Corporation Land Act 1880 and the District Land Registrar for the Land Registration District of Wellington is hereby directed and authorised to remove any such restrictions from any certificate of title or other document relating to the land described in item 3 of Schedule 4.

Whereas pursuant to section 175 of the Act the Board by Order in Council dated 3 November 1965 and published in the Gazette of 18 November 1965 at page 2043 was authorised to reclaim from the Wellington harbour at Kaiwharawhara 5 acres of land, more or less, as shown coloured pink on plan MD 12043C and deposited in the office of the Marine Department at Wellington, which land forms part of the land described in item 3 of Schedule 2:

And whereas pursuant to the said section 175 the Board by Order in Council dated 20 March 1967 and published in the Gazette on 6 April 1967 at page 514 was authorised to reclaim from the Wellington harbour an area of 5 acres for harbour purposes as shown coloured red on plan MD 12496 and deposited in the office of the Marine Department at Wellington, which land forms part of the land described in item 2 of Schedule 2:

And whereas it is intended that the authorities to reclaim contained in this Act should supersede the authorities granted by the said Orders in Council:

Be it therefore enacted as follows:

The said Orders in Council dated 3 November 1965 and 20 March 1967 are hereby revoked.