This Act is the Hawke’s Bay Endowment Land Empowering Act 2002.

This Act comes into force on the day on which it receives the Royal assent.

The purpose of this Act is—

In this Act, unless the context otherwise requires,—

The land is no longer reserved and set aside for the use, benefit, and endowment of the Napier Harbour Board.

The land is no longer subject to the trusts, reservations, and restrictions imposed by the enactments specified in Schedule 2.

An owner holds and must use all money received in relation to the land for the improvement, protection, management, or use of—

However, an owner holds and may use—

An owner may sell the land at such price (which does not have to be the market price for the land) and on such terms and conditions as it thinks fit.

However, where the land is subject to a lease, an owner may sell the fee simple estate in the land only to the lessee of the land or a person nominated by that lessee if there is a building on the land that is—

Whether a building is one to which subsection (2)(a) or (b) or (c) applies is a matter for the opinion of the owner whose decision is final.

If a purchaser of the fee simple estate in the land is the lessee of the land, the purchaser must (at the purchaser’s cost and to the satisfaction of the owner) arrange for the leasehold interest to be extinguished.

A nomination by a lessee under subsection (2), must be—

For the purposes of section 6(1), the terms and conditions of sale may include—

This section does not limit section 6(1).

If section 6(2) applies to a proposed sale of land and the lessee is not satisfied with the price sought by the owner, the owner must, if requested to do so by the lessee, have the land valued.

The land must be valued on the basis of the owner’s interest in the land as lessor.

If, after the land has been valued, the owner and lessee cannot agree on the purchase price, the owner and lessee must agree to submit the valuation of the land to arbitration.

The Arbitration Act 1996 applies to an arbitration under subsection (3) subject to the following provisions:

The Registrar is authorised and directed to make such entries in the registers and to do all such other things as may be necessary to give effect to the provisions of this Act.

The presentation to the Registrar of an instrument (whether or not comprising an instrument of transfer) that complies with subsection (3) is, in the absence of proof to the contrary, sufficient evidence that the land the instrument relates to is no longer reserved and set aside for the use, benefit, and endowment of the Napier Harbour Board.

An instrument complies with this subsection if the instrument—

The Governor-General may, by Order in Council, amend Schedule 1 for the purpose of—

An Order in Council may be made under subsection (1)(b) only if—

An order under this section is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).

The following Acts are repealed: