(1) The Council is hereby authorized to exchange with Arthur Dewhurst Riley, of the City of Wellington, merchant, the land described in Schedule 1 hereto for the land described in Schedule 2 hereto.

(2) The land described in Schedule 2 hereto shall, when vested in the Corporation, form part of the Town Belt of the City of Wellington, and be held by the Corporation subject to the trusts affecting the Town Belt as set out in deed of conveyance, registered No 40240, dated the twentieth day of March, eighteen hundred and seventy-three, from the Superintendent of the Province of Wellington to the Mayor, Councillors, and Citizens of the City of Wellington.

The following private streets and private ways are hereby declared to be public streets of the City of Wellington and to be vested as such in the Corporation—namely, Brosnahan Terrace; Kennedy Street; Torquay Terrace; Wesley Road; Lindum Terrace; Heaton Terrace; Rixon Grove; Tutchen Avenue; Whittaker Street; Grass Street Extension (east of Town Belt); Beauchamp Street (Wadestown); Bosworth Terrace; Boston Terrace:

Provided that no building shall be erected on any of the land fronting the north side of Rixon Grove within twenty-five feet of the centreline of Rixon Grove, unless such building is erected on a site which has an independent frontage to Austin Street of the extent required by the Wellington City By-laws.

Subsections five and six of section fourteen of the Wellington City Trading Departments' Reserve and Renewal Funds Act 1917, are hereby repealed.

For the purpose of constructing any new street, or of widening, diverting, altering the course of, or extending any street in the city, and in connection with any works so carried out, the Council shall have the following powers:—

• (a) To take under the Public Works Act 1908, or purchase, or otherwise acquire, the land required for constructing any such new street, or for widening, diverting, altering the course of, or extending the street, together with land to any depth on either or both of the sides of such street, or of such extension of street, or on any such proposed new street.

• (b) Notwithstanding anything in the Public Works Act 1908, or in any other statute, the Council may take subject to any leases or mortgages or other limited estates or interests in the land so taken as aforesaid; and in the case of any land being so taken the Proclamation vesting the same in the Corporation shall exclude from such taking such leases, mortgages, or limited estates or interests as the Council specifies in its memorial to the Governor-General, and shall vest the same in the Corporation subject to such estates or interests, and no compensation shall be payable in respect of any lease, mortgage, or other limited estate or interest so excluded.

• (c) 

  • (i) Where the Corporation and any owner of any land subject to any lease, mortgage, or other limited estate or interest, or of any leasehold estate, or of any other limited estate or interest in land, have under section 27 of the Public Works Act 1908, entered into a sufficient agreement for the taking of such owner's estate or interest pursuant to the provisions of this section, the Corporation shall be entitled to the issue of a Proclamation vesting the estate or interest of such owner in the Corporation:

  • (ii) The provisions of this subsection shall apply to all agreements for the taking of such estates or interests in land whether executed before or after the passing of this Act.

• (d) To extend any street; but in so extending any street it shall not be lawful for the Council to make the width of such extension less than sixty-six feet, except that, where the special circumstances of the case, in the opinion of the Governor-General in Council, render it advisable, the Council may make an extension of a less width to be prescribed by Order in Council, but not less than forty feet.

• (e) For the purpose of meeting the purchase-money, compensation, or expenditure in relation to the purchase or taking of any lands as aforesaid, or for recouping any moneys expended by the Council for such purposes or for the purpose of constructing and paving any such new street widening, diversion, alteration, or extension of any street, to raise special loans within the meaning of the Local Bodies Loans Act 1913, by way of special order and without taking the steps described in sections eight to twelve of that Act.

• (f) To sell and convey to any person whatsoever all or any of the surplus lands left after effecting such widening, diversion, alteration, or extension.

• (g) To lease under the provisions of the Municipal Corporations Act 1920, all or any of the surplus lands left after effecting such widening, diversion, alteration, or extension; or to lease under that Act, for any term not exceeding twenty-one years, any such land not immediately required for the purpose aforesaid.

• (h) The foregoing powers shall extend to any private streets or private ways if the Council shall make them respectively sixty-six feet wide and take them over as public streets, which the Council is hereby empowered to do.

• (i) Where the Council, for the purposes of this Part of this Act, takes part only of any separate holding of land and does not use the whole of the land so taken for street purposes, and any surplus land lies between the balance of such separate holding and the completed street, the Council, if it desires to sell the land, shall, within three months of completing its street operations, offer such surplus land to the owner of the balance of the separate holding; but if such owner of such separate holding refuses to complete the purchase of such land within two months after the making by the Council of the offer required by this section as hereinafter provided, then to offer the land to the owner or owners of any adjoining land at a price to be fixed by a competent valuer appointed by the Council to value the same, and if such owner or owners as aforesaid fail to complete the purchase of such surplus land within two months after the making by the Council of the offer required by this section the Council may sell such surplus land as hereinbefore provided. The exercise of the powers contained in paragraphs (f) and (g) shall be subject to the provisions of this subsection in all cases where this subsection applies.

The powers conferred by the last preceding section are to be subject to the following conditions:—

• (a) That the net rents of all lands leased as aforesaid shall be applied first towards meeting the charges, interest, and sinking fund on all loans heretofore or hereafter raised for the purposes mentioned in the last preceding section or on any loan raised to pay off any such loan; and the balance (if any) shall be paid into the District Fund, and may be held for the purpose of aiding the Council in carrying out any works in connection with such operations as are mentioned in the last preceding section.

• (b) That the net sale-moneys of any land sold as aforesaid shall be applied towards the payment of liabilities incurred under the last preceding section, and that the balance (if any) may be paid into the District Fund, to be held for similar purposes.

• (c) That the purchase-money of any lands sold as aforesaid may be invested by the Council through Sinking Fund Commissioners appointed in respect of any loan raised under this Act, and the principal moneys so invested shall be applied to meet the loan in respect of which such Commissioners are appointed, the interest thereon being applied as in this section provided in respect of rents.

Where any land has been before the passing of this Act or is after the passing of this Act taken for the purpose of widening, diverting, altering, or extending any street, the Council may, in lieu of paying compensation, with the consent of such owner, grant to the owner of any estate or interest in such lands any estate or interest in any part of lands taken for such purposes and which is not likely to be required for such purposes. Any such grant may be of such a nature and subject to such conditions as the Council shall think fit.

This Part of this Act shall be deemed to be a special Act for the purposes of and within the meaning of section fifteen of the Public Works Act 1908, relating to the taking of materials from quarries and like places and the taking of land occupied by buildings and certain other improvements.

Sections seven and nine of the Wellington City Empowering Act 1897, section six of the Wellington City Empowering Act 1899, sections three, four, and five of the Wellington City Empowering Act 1908, and the Wellington City Empowering and Amendment Act 1913, are hereby repealed.

Subsection one of section seven of the Wellington City Reclamation and Empowering Act 1906, as amended by section forty-two of the Reserves and other Lands Disposal and Public Bodies Empowering Act 1912, and by section forty-six of the Reserves and other Lands Disposal and Public Bodies Empowering Act 1918, is hereby further amended by omitting the word “nineteen”, and substituting the word “twenty-four.”

Subsection three of section three of the Wellington City Empowering and Amendment Act 1912, is hereby repealed, and the following substituted therefor:—

Section eleven of the Wellington City Empowering and Special Rates Consolidation Act 1923, is hereby amended as from the date of the passing thereof by inserting, after the words “made and levied over portion only of the city”, the words “after the passing of this Act, but.”

The provisions of section sixteen of the Local Bodies Loans Act 1926, relating to the lapse of authority for loans shall not apply to the following loans of the Wellington City Council authorized by a poll of the ratepayers taken on the fifteenth day of September, nineteen hundred and twenty, namely:—

• (a) Loan for Tramways: Kelburn, Karori, and Northland tramway extension—namely Willis Street, Aro Street, and Raroa Road: extension to Northland, $133,972:

• (b) Loan for Tramways: Tramway extension to Melrose (Sutherland Road) from Zoo gates, $25,800:

but if no part of such loans is borrowed within twenty-three years after taking of the poll aforesaid the authority therefor shall lapse, and no proceedings shall thereafter be taken for borrowing the money except under the authority of another poll of the ratepayers.

For the purposes of section three hundred and fifty-five of the Municipal Corporations Act 1920, the Upper Hutt Town District shall be deemed to be within five miles of the City of Wellington, and the provisions of that section shall, in relation to heavy-traffic by-laws and heavy-traffic licenses of the Wellington City Council, operate accordingly.