This Act may be cited as the Wellington Harbour Board and Wellington City Council Vesting and Empowering Act 1987.

In this Act, unless the context otherwise requires,—

This Act is a special Act within the meaning of the Harbours Act 1950.

(1) The Board shall cause a plan of survey of the land described in Schedule 1 to be made and lodge it for deposit in the office of the District Land Registrar.

(2) On the deposit of the plan of survey the Board shall file in the office of the District Land Registrar a certificate in the form set out in Schedule 4 certified as correct by the Minister and the Chief Surveyor.

(3) Every such certificate shall have the same effect as a warrant issued under section 12 of the Land Transfer Act 1952, and the District Land Registrar shall accordingly vest the land in fee simple in the Board by issuing under that Act a certificate of title for the land showing the Board as the land's registered proprietor.

(4) The land comprised in any certificate of title issued pursuant to such a certificate by the Minister and the Chief Surveyor shall be subject to the Land Transfer Act 1952 as from the date fixed by the last-mentioned certificate as the date of acquisition of title thereto, and that date shall for all purposes whatsoever be deemed to be the ante-vesting date in the same manner as if the ante-vesting date had been inserted in a certificate given in respect of the land under section 116 of the Land Act 1948.

(5) The date fixed by the certificate of the Minister and the Chief Surveyor as the date of acquisition of title to the land comprised in that certificate shall be the date on which the certificate is given.

(6) Every certificate by the Minister and the Chief Surveyor under this section shall be conclusive evidence to the District Land Registrar of the matters required by this section to be stated in it.

(7) Notwithstanding the other provisions of this Act, sections 143, 143A, 143B, and 143C of the Harbours Act 1950 shall apply to the land vested in the Board under this section.

(1) Subject to subsection (2), for the purposes of the Lambton Harbour Development Project, the Board is hereby authorised and empowered to grant leases of, or licences to occupy, any part or parts of the land described in Schedule 2 (other than the land described in clause 4 of that schedule) of which it is not the owner in the same manner in all respects as if it was the owner of that land.

(2) Any lease or licence granted under subsection (1) shall be for a term or terms not exceeding a total period of 50 years after the date of commencement of this Act:

provided that the Minister, either generally or in any particular case, may give written authorisation for any such lease or licence to be granted or renewed for a term or terms not exceeding a total period of 100 years after the date of commencement of this Act.

(3) A certificate, signed by the Chief Surveyor, that any land described in the certificate, or described in any document on which the certificate appears, is land to which this section applies shall be sufficient evidence, in the absence of proof to the contrary, that this section applies to the land.

(1) The land described in clauses 1, 2, and 3 of Schedule 2 shall be free from all trusts, endowment provisions, reservations, or restrictions imposed upon it by the Wellington Harbour Board and Corporation Land Act 1880, the Wellington Harbour Board Loans Consolidation and Empowering Act 1884, the Wellington Corporation and Harbour Board Streets and Lands Act 1892, the Wellington Harbour Board Reclamation and Empowering Act 1898, the Harbours Act 1950, or any prior Harbours Act, or by or as a result of any Act, Order in Council, Proclamation, Gazette notice, or other authorisation relating to the reclamation or acquisition of that land.

(2) The District Land Registrar shall take all such steps and make all such entries in the registers as are necessary to give effect to subsection (1).

(1) Subject to the provisions of this Act, the Board and the Council are hereby authorised and empowered, jointly and severally, to develop and promote the commercial, maritime, residential, educational, cultural, social, recreational and other uses, activities, and characteristics of the Lambton Harbour Development Project and to do all acts and things incidental thereto as if the Board and the Council were natural persons.

(2) Without derogating from the general authority and power contained in subsection (1) and notwithstanding any restrictions or limitations on the power of the Board or the Council or any procedures specified in the Harbours Act 1950, the Local Government Act 1974, the Public Bodies Leases Act 1969, the Public Bodies Contracts Act 1959, or the Tramways Act 1908, but subject to the provisions of this Act, the Board and the Council, for the purposes specified in subsection (1) and of the Lambton Harbour Development Project, are hereby empowered to—

• (a) enter into contracts or arrangements; and

• (b) enter into joint ventures; and

• (c) enter into contracts or arrangements involving the sharing or union of interest or involving reciprocal concessions; and

• (d) hold shares or other investments in any company or corporation; and

• (e) transfer the legal title to land to a trustee and to establish or hold an interest in a trust or other body; and

• (f) promote, enter into, or provide commercial, maritime, residential, educational, cultural, social, recreational and other uses; and

• (g) erect or cause to be built buildings, structures, means of ingress and egress, plazas, terraces, podiums, wharves, boat ramps, marinas, lagoons, and other works and activities; and

• (h) purchase or otherwise acquire land or airspace; and

• (i) sell or otherwise dispose of land (other than the bed of the harbour or foreshore) or airspace; and

• (j) take or otherwise acquire leases, licences, or other rights of occupancy of land, airspace, or sea area; and

• (k) grant leases, licences, or otherwise part with possession, of land, airspace, or sea area; and

• (l) surrender or accept surrenders of leases, licences, and other rights; and

• (m) borrow and expend money; and

• (n) give guarantees, indemnities, mortgages, and securities, and to undertake such other obligations as may be incidental to the said purposes.

(3) The Board or the Council may delegate in such manner as the Board or the Council thinks fit any of the powers specified in this section.

(1) In the Lambton Harbour Development Area the seaward boundary of the Council shall be the mean high-water mark.

(2) The bylaws of the Council shall apply to the area within the Lambton Harbour Development Area and the boundary of the Council save for any part of such area as is defined pursuant to section 190 of the Harbours Act 1950 to be within the limits or boundaries of a wharf.

(3) The Board and the Council may resolve that the bylaws of the Council shall apply to an area or structure within the Lambton Harbour Development Area seaward of the mean high-water mark and, following notice in the Gazette, the bylaws of the Council shall apply notwithstanding that the area or structure is outside the boundary of the Council.

Part 20 of the Local Government Act 1974 shall apply to the Lambton Harbour Development Area with the following amendments or exceptions:

• (a) the reference in Part 20 of the Local Government Act 1974 to a district scheme, a proposed district scheme, or an operative district scheme shall, where there is some other planning scheme, proposed planning scheme, or operative planning scheme for the Lambton Harbour Development Area, be deemed to be a reference to that other scheme:

• (b) section 289 of the Local Government Act 1974 shall not apply to the Lambton Harbour Development Area nor to any subdivision of all or part of that area:

• (c) in respect of section 306 of the Local Government Act 1974, if the Council is not the planning authority for the Lambton Harbour Development Area, the certificate required by section 306(1)(g) of that Act shall be given by the Council only after consultation with the planning authority for the Lambton Harbour Development Area.

(1) The Board and the Council are hereby authorised and empowered to dedicate any part of the Lambton Harbour Development Area as a road.

(2) Notwithstanding section 345 of the Local Government Act 1974, where the Council stops a road within the Lambton Harbour Development Area and the same is no longer required as road, such stopped road shall be vested in the Board and the Council.

(1) Subject to the consent of any owner of land which may be included in or excluded from the Lambton Harbour Development Area by a variation, the Board and the Council may by resolution vary the Lambton Harbour Development Area.

(2) The Board and the Council shall give notice of such variation in the Gazette.

If the Council and the Wellington Harbour Maritime Planning Authority, pursuant to section 40A of the Town and Country Planning Act 1977, agree to unite for the purpose of preparing and administering a combined scheme for the whole or part of the Lambton Harbour Development Area, the combined committee appointed for such purpose may resolve to commence the preparation of the combined scheme with public notification in accordance with section 44 of the Town and Country Planning Act 1977; and if the combined committee does so, sections 42 and 43 of that Act shall not apply to the combined scheme.

The Board and the Council shall cause separate financial records to be kept in respect of the Lambton Harbour Development Project that correctly record and explain the transactions of the project.

The financial year for the Lambton Harbour Development Project shall end with 30 June in each year.

(1) The Board and the Council, in respect of each financial year, shall cause estimates to be prepared showing fully—

• (a) the estimated receipts and payments in respect of the undertakings, services, and activities of the Lambton Harbour Development Project for that financial year; and

• (b) the estimated funding that may be required from the Board or the Council whether by way of—

  • (i) the augmentation of any other receipts in the financial year; or

  • (ii) the provision of capital; or

  • (iii) any borrowing, including the guarantee of any loan that may be raised in respect of the project; and

• (c) indicative estimates thereof for the next succeeding 2 financial years.

(2) Such estimates shall be presented to the Board and the Council for consideration and approval before the commencement of the Lambton Harbour Development Project, and thereafter not later than 30 September in the financial year to which they relate.

(1) Within 3 months after the close of each financial year the Board and the Council shall cause to be prepared, in respect of the Lambton Harbour Development Project, financial statements consisting of—

• (a) a statement of financial position; and

• (b) a statement of financial performance; and

• (c) a statement of changes in financial position; and

• (d) such other statements as may be necessary to fairly reflect the financial position of the Lambton Harbour Development Project and the financial results of its operations during that financial year.

(2) The financial statements, together with any report received from the auditors thereof, shall be produced at meetings of the Board and the Council to be held not later than 31 December following the close of the financial year to which the statements relate.

(3) Nothing in this Act shall be construed as requiring the inclusion in any financial statements of any information that could reasonably be expected—

• (a) to prejudice significantly the competitive commercial activities of the Lambton Harbour Development Project; or

• (b) to interfere significantly with contractual or other negotiations related to the competitive commercial activities of the Lambton Harbour Development Project.

(1) The financial statements prepared under section 16 shall be audited by the Auditor-General.

(2) Notwithstanding any other Act or rule of law, the Auditor-General shall be appointed the auditor of any corporation, trust, partnership, or other body formed to manage, operate, or construct the Lambton Harbour Development Project where the combined value of the shareholding, right to appoint trustees or other administrators, or other form of control over the body so formed of the Board and the Council, together with any other local authority, public body, government department, or the Crown (or any combination of them) is 50% or more of the total shareholding, power of appointment, or other form of control, as the case may be.

(3) In any other case, either the Auditor-General or a person or firm that is qualified for appointment as an auditor of a company shall be appointed auditor as may be determined by the parties to the corporation, trust, partnership, or other body.

(4) For the purposes of carrying out the duties imposed by this section, the Auditor-General shall have and may exercise all the powers and functions that it has under the Public Audit Act 2001 in respect of money and shares of a local authority and persons dealing therewith.

(1) Nothing in this Act shall be construed as limiting the application of the provisions of—

• (a) the Conservation Act 1987:

• (b) sections 175 to 188 and 203 to 207 of the Harbours Act 1950:

• (c) the Health Act 1956:

• (d) the Heritage New Zealand Pouhere Taonga Act 2014:

• (e) the New Zealand Ports Authority Act 1968:

• (f) the Public Works Act 1981:

• (g) except as provided in section 12 of this Act, the Town and Country Planning Act 1977:

• (h) the Water and Soil Conservation Act 1967.

(2) Nothing in this Act shall be construed as limiting the application of the Local Authorities Loans Act 1956, and any borrowing by any company of which the Board or the Council, jointly or severally, have control associated with the Lambton Harbour Development Project shall be deemed for the purposes of the Local Authorities Loans Act 1956 to be borrowing by the Board or the Council, jointly or severally, as the case may be.

The enactments specified in Schedule 3 are hereby repealed.