Napier Harbour Board and Napier Borough Enabling Act 1945
Reprint
as at 25 November 1945
Napier Harbour Board and Napier Borough Enabling Act 1945
| Local Act | 1945 No 9 |
| Date of assent | 24 November 1945 |
| Commencement | 24 November 1945 |
Note
Changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in this reprint.
A general outline of these changes is set out in the notes at the end of this reprint, together with other explanatory material about this reprint.
Contents
4 Powers of Board and Borough Council
6 Provision as to stamp duties
8 Power to borough to borrow moneys
An Act to enable the Napier Harbour Board and the Napier Borough Council, for the purpose of providing areas for housing and the expansion of the Borough of Napier, to enter into an arrangement for the development and subdivision of certain lands belonging to the Board, whereby, in consideration of the Borough Council developing and subdividing such lands, parts thereof are to be transferred to and vested in the Corporation of the Borough; to enable the Borough Council to acquire other lands and to develop and subdivide such lands and other lands owned by the Corporation; to enable the Borough Council to dispose of the said lands in allotments by way of sale or lease; to include the said lands in the said Borough; and to confer borrowing powers on the Borough Council
-
Preamble
Whereas the Napier Harbour Board is the owner of the greater part of the lands described in Schedules 1 and 2:
And whereas another part of the said lands is owned by the Corporation of the Mayor, Councillors, and Burgesses of the Borough of Napier:
And whereas other parts of the said lands are privately owned:
And whereas parts of the said lands are subject to leases and other limited interests:
And whereas the said lands lie outside the Borough of Napier, but are contiguous thereto:
And whereas the said lands or parts thereof require reclaiming, raising, filling in, levelling, and draining in order to render the same suitable for subdivision into building allotments:
And whereas, in order to provide areas for housing and for the expansion of the said borough, it is desirable that the said lands should be developed and subdivided:
And whereas it is desirable that the lands described in Schedule 1 should be included in the said borough immediately, and that the lands described in Schedule 2 should be included in the said borough progressively part by part as the said lands described in Schedule 2 may be required for development and subdivision:
And whereas the Board and the Napier Borough Council propose to enter into an arrangement whereby, inter alia, the Borough Council shall at its own expense carry out the work of reclaiming, raising, filling in, levelling, draining, developing, roading, servicing, and subdividing the whole of such part of the said lands as is owned by the Board in consideration of the Board vesting the fee simple of part of such lands in the Corporation:
And whereas the Borough Council may desire on behalf of the Corporation to acquire the interests of any other persons in such parts of the said lands as are not owned by the Board or the Corporation:
And whereas the Borough Council is desirous of reclaiming, raising, filling in, levelling, draining, developing, roading, subdividing, and making available for building sites the whole or such part of the lands described in Schedules 1 and 2 as are not owned by the Board as and when the same may be required for the expansion of the said borough:
And whereas it is necessary or desirable that provision should be made for parks, reserves, and plantations on, in, and through the said lands described in Schedules 1 and 2, and that the Board and the Borough Council should have the powers and authorities in relation thereto conferred by this Act.
1 Short Title
This Act may be cited as the Napier Harbour Board and Napier Borough Enabling Act 1945.
2 Special Act
This Act shall be deemed to be a special Act within the meaning of the Harbours Act 1923.
3 Interpretation
In this Act, unless the context otherwise requires,—
Board means the Napier Harbour Board
Borough means the Borough of Napier
Corporation means the Corporation of the Borough of Napier
Council means the Napier Borough Council
the said lands means the lands described in Schedules 1 and 2.
4 Powers of Board and Borough Council
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(1) The Board may from time to time lease to the Council and the Council may take a lease or leases of such portion of the said lands as is owned by the Board or any part or parts of such lands, at such rental or rentals, for such term or terms, with or without right of renewal, and upon such conditions, as the Board and the Council may agree upon.
(2) The Board may from time to time sell to the Council and the Council, on behalf of the Corporation, may purchase the fee simple of such portion of the said lands as is owned by the Board or any part or parts thereof, at such price or prices and upon such terms of payment as the Board and the Council may agree upon, and the whole or part of the consideration for any such sale may be the reclaiming, raising, filling in, levelling, draining, roading, servicing, and subdividing by the Council of the portion of the said lands retained by the Board or any part or parts thereof.
(3) The Board and the Council may enter into and carry out any agreement or agreements supplemental to or independent of any lease or leases as aforesaid containing a comprehensive scheme or schemes to provide for all or any of the following purposes, that is to say:
(a) the reservation from sale or long-term or renewable lease by the Board of such parts of the said lands as are owned by the Board and the contracting by the Board with the Council to keep and make available as required for the expansion of the borough such parts of the said lands as may from time to time be necessary to enable the carrying-out of the scheme of development contemplated by the Board and the Council;
(b) the reclaiming, raising, filling in, levelling, draining, roading, servicing, and subdividing by the Council of such portion of the said lands as is owned by the Board or any part or parts thereof;
(c) the dedication of portions of the said lands for streets;
(d) the transferring to the Corporation of portions of the said lands for reserves and parks;
(e) the establishment of plantations on parts of the said lands, either permanently or for a period;
(f) the sale of any part or parts of the said lands to the Corporation; and
(g) generally all such other matters as the Board and the Council may think necessary for the development, improvement, and beautifying of the said lands or any portions thereof and the making of the same or any portions thereof suitable for building sites.
(4) Without prejudice to the generality of the foregoing powers, the Board and the Council may in any such lease or in any such agreement make provision for and agree upon all or any of the following acts, matters, and things:
(a) that the Board shall dedicate to the Corporation, and the Corporation shall accept dedication for streets of such portions of the said lands owned by the Board as the Board and the Council may agree upon, and that each such dedication shall be made and accepted although the land included therein may not be formed as provided in subsection (5) of section 125 of the Public Works Act 1928; and this Act shall be sufficient authority for the District Land Registrar to register any such dedication:
(b) that the Council shall rebate the payment of any rates or portion of the rates payable by the Board to the Council in respect of the whole or any part or parts of the said lands, and shall pay and indemnify the Board against payment of the rates or portion of the rates which shall be levied by the Council or by any other rating authority in respect of the said lands or any part or parts thereof for such period as the Council and the Board may in any such agreement agree upon:
(c) such other provisions (including a provision for payment of damages on default) as the Board and the Council may agree upon.
5 Ancillary powers
The Board and the Council may do and perform and carry out all works, matters, obligations, and things which in and by any such lease and in and by any such agreement they respectively undertake to do, perform, and carry out, and also all works, matters, acts, and things ancillary to or which by them respectively may be deemed advisable or necessary for the purposes contained in any such lease and in any such agreement, and any such lease and any such agreement shall be valid and binding upon the parties thereto.
6 Provision as to stamp duties
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(1) The stamp duty on any lease or agreement to lease from the Board to the Corporation pursuant to this Act shall not exceed the duty chargeable on a deed not otherwise charged.
(2) For the purposes of the assessment of stamp duty on any transfer, or on any agreement for the transfer, from the Board to the Corporation pursuant to this Act of any land included in Schedule 1, the value of the land shall be taken to be the value as ascertained, on the basis of area, from the district valuation roll in force on the passing of this Act.
(3) For the purposes of the assessment of stamp duty on any transfer, or on any agreement for the transfer, from the Board to the Corporation pursuant to this Act of any land included in Schedule 2, the value of the land shall be taken to be the value as ascertained, on the basis of area, from the district valuation roll in force on the date when the land became included in the borough or on the date of the transfer or agreement, whichever is the earlier.
7 Powers of Borough Council
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(1) For the purposes of this Act the Council, on behalf of the Corporation, may acquire, purchase, or take under the provisions of the Public Works Act 1928, any part of the said lands not owned by the Board or the Corporation, and may acquire, purchase, or take under the provisions of that Act any leasehold or other interest less than the fee simple in any part of the said lands, whether owned by the Board or the Corporation or not. All works which the Council is under this Act authorised to carry out shall be deemed to be public works within the meaning of the Public Works Act 1928.
(2) The Council may carry out works for the reclamation, raising, filling in, levelling, draining, roading, servicing, and subdividing of the whole or any part of the said lands now or hereafter owned or acquired by the Corporation and (without in any way limiting the foregoing provisions) may lay out, construct, and dedicate, or accept dedication of, streets and footpaths, and may construct drains, sewers, water supply, and any other works necessary or desirable for the subdivision and sale of the said lands or any part or parts thereof.
(3) The Council may use and employ any part or parts of the said lands owned or acquired by the Corporation for any lawful purpose for which land vested in a municipal corporation may be used and employed; and the Corporation is hereby empowered to sell or lease the same or any part or parts thereof by public application and ballot at fixed prices or rentals or by public auction or by public tender and may give time for payment of purchase moneys; and the Council may subdivide the same or any part or parts thereof into allotments, lay out, make, form, and metal roads and streets through or along the same, erect workers' dwellings or other buildings on the same, lay out and maintain reserves on the same, and generally make and do in connection with the same all such works, acts, and things as are conducive to any of the objects before mentioned or to any other lawful object:
provided that the Council shall not lease otherwise than from year to year or any lesser term any of the said lands now owned by the Board and hereafter acquired by the Corporation from the Board pursuant to this Act.
(4) All moneys received by the Council in respect of any sale or sales of land made under the provisions of this section shall be utilised in repayment of any loan or loans raised under the provisions of the next succeeding section, and if any such loan shall have been raised and a sinking fund provided in respect thereof such moneys shall be paid to the Sinking Fund Commissioners appointed in respect of such loan:
provided that if the moneys received by the Council in respect of such sale or sales shall exceed the amount of the loan or loans raised as aforesaid and remaining owing at the time of the receipt of such moneys by the Council, then such excess on the completion of the scheme of works shall be paid to the general funds of the Corporation.
8 Power to borough to borrow moneys
The Council may from time to time, under and subject to the provisions of the Local Bodies' Loans Act 1926, by special order and without taking the steps prescribed by sections 9 to 13 of that Act, raise a special loan or special loans for the purpose of any of the works, matters, or things which the Corporation or the Council is by this Act or by any lease or agreement entered into pursuant to this Act authorised to carry out or undertake, including (but without in any way limiting the foregoing) the acquisition and taking of land and all legal, survey, and other costs of and in connection with the preparation of this Act and the promotion thereof, the preparation and completion of all leases, agreements, and transfers pursuant to this Act, the exercise of any of the powers conferred by this Act, and the raising of the said loan or loans. The Council may create the whole or any portion or portions of the said lands, whether continuous or not, a special rating area in respect of any loan to be raised for the purpose of providing a sewerage system to serve such lands.
9 Inclusion of lands in borough
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(1) On the passing of this Act the lands described in Schedule 1 shall, by virtue of this Act, without any further authority or procedure, be and become, ipso facto, included in the borough, and the boundaries of the borough as altered by this subsection shall be forthwith defined by notice in the Gazette under the hand of the Minister of Internal Affairs pursuant to section 147 of the Municipal Corporations Act 1933.
(2) The whole or any part of the lands described in Schedule 2 may at any time be included in the borough in the manner prescribed by section 136 of the Municipal Corporations Act 1933 on the petition of the Council as if such petition were a petition of electors as required by paragraph (a) of the said section 136.
Schedule 1
All that land in the Hawke's Bay Land District containing approximately 278 acres, being Part Ahuriri Lagoon Reserve, Part Blocks 47, 100, 121, Blocks 122, 124, and 125, Puketapu Crown Grant District, and Sections 6 and 16, and Part Section 7, Block IV, Heretaunga Survey District, and parts of public roads bounded as follows: Commencing at the northern-most point of the block at the north-east corner of the junction of Taradale and Riverbend Roads at the boundary of the Borough of Napier, and proceeding in a south-easterly direction along the north-east side of Riverbend Road for a distance of 5 522 links; thence in a south-westerly direction for a distance of 1 100 links on a bearing of 251°46′; thence in a south-easterly direction for a distance of 29.7 links on a bearing of 161°46′; thence continuing in a south-westerly direction for a distance of 6 085.6 links on a bearing of 228°22′ to the centre of Meeanee Drain; thence following the centre of this drain in a north-westerly direction for a distance of 5 104.7 links on a bearing of 340°37′ to the south-east side of Taradale Road; and thence following the south-east side of the Taradale Road in a general north-easterly direction for a distance of 4 348.2 links, back to the commencement, as the same is delineated on plan marked MD 8427 deposited in the office of the Marine Department at Wellington and thereon edged yellow.
Except where the above lines follow actual road lines, the bearings and distances are approximate only and subject to correction after survey.
Schedule 2
All that land in the Hawke's Bay Land District containing approximately 787 acres, being Part Ahuriri Lagoon Reserve, Part Te Whare-o-Maraenui Block, Blocks 96 and 123, Part Blocks 47, 95, 100, 101, 121, Puketapu Crown Grant District, Part Section 1, Meeanee Suburban Sections, and parts public roads and part of an old stream-bed and part Section 7, Block IV, Heretaunga Survey District, bounded as follows: Commencing at the south-eastern corner of Taradale and Hyderabad Roads at the boundary of the Borough of Napier, and proceeding in a north-westerly direction along the borough boundary across Taradale Road for a distance of 113.3 links; thence in a south-westerly direction along the north-western side of Taradale Road for a distance of approximately 1 300 links, to and across the old Tutaekuri River bed; thence in a general westerly direction along the left bank of the old Tutaekuri River bed for a distance of approximately 4 010 links, thence in a south-westerly direction for a distance of 1 750 links on a bearing of 195°30′, and a distance of approximately 1 910 links on a bearing of 223°30′, to and across the Meeanee Drain; thence in a south-easterly direction for a distance of approximately 940 links on a bearing of 137°30′; thence in a south-westerly direction for a distance of approximately 500 links on a bearing of 227°30′, a distance of 4 250 links on a bearing of 217°30′, and a distance of 4 850 links on a bearing of 193°44′; thence in a south-easterly direction to and across Taradale Road and Kennedy Road Extension, and continuing for a total distance of 7 740 links on a bearing of 101°16′; thence in a north-easterly direction for a distance of approximately 2 600 links on a bearing of 20°30′, a distance of approximately 1 780 links on a bearing of 37°30′, and a distance of approximately 1 800 links on a bearing of 81°30′; thence in a north-westerly direction for a distance of approximately 150 links on a bearing of 337°50′; thence in a north-easterly direction for a distance of approximately 500 links on a bearing of 67°50′ to the south-western side of Riverbend Road; thence following this western side of Riverbend Road in a general northerly direction for a distance of approximately 3 152 links; thence in a south-easterly direction across Riverbend Road for a distance of 115.9 links on a bearing of 137°30′ to the eastern side of Riverbend Road at its junction with Geddis Avenue on the boundary of the Borough of Napier; thence following the boundary of the borough along the eastern side of Riverbend Road in a north-easterly direction for a distance of 681.9 links; thence easterly on a bearing of 90°56′ and distance of 43.25 links; thence by the left bank of an old bed of the Tutaekuri River in a general northerly, westerly, and south-westerly direction for a distance of approximately 5 875 links back to the eastern side of Riverbend Road; thence in a south-easterly direction along the north-eastern side of Riverbend Road for a distance of 1 288.5 links to the most easterly corner of the land referred to in Schedule 1; thence in a south-westerly direction across Riverbend Road and continuing for a total distance of 1 100 links on a bearing of 251°46′; thence in a south-easterly direction for a distance of 29.7 links on a bearing of 161°46′; thence in a south-westerly direction for a distance of 6 085.6 links on a bearing of 228°22′ to the centre of the Meeanee Drain; thence following this drain in a north-westerly direction for a distance of 5 104.7 links on a bearing of 340°37′ to the south-eastern side of the Taradale Road; and thence following this south-eastern side of Taradale Road in a north-easterly direction for a distance of approximately 8 950 links, back to the commencement, as the same is delineated on plan marked MD 8427 deposited in the office of the Marine Department at Wellington and thereon edged red.
Except where the above lines follow actual road lines, the bearings and distances are approximate only and subject to correction after survey.
Napier Harbour Board and Napier Borough Enabling Amendment Act 1949
| Local Act | 1949 No 10 |
| Date of assent | 20 October 1949 |
| Commencement | 20 October 1949 |
An Act to amend the Napier Harbour Board and Napier Borough Enabling Act 1945
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Preamble
Whereas it is considered desirable to amend the Napier Harbour Board and Napier Borough Enabling Act 1945, in order to remove certain doubts which have arisen, and to confer additional powers upon the Napier Harbour Board and the Napier Borough Council.
1 Short Title
This Act may be cited as the Napier Harbour Board and Napier Borough Enabling Amendment Act 1949, and shall be read together with and deemed part of the Napier Harbour Board and Napier Borough Enabling Act 1945 (hereinafter referred to as
“the principal Act”
).
2 Clarifying powers conferred by section 4 of principal Act
The powers and authorities conferred on the Board and the Council by section 4 of the principal Act shall be deemed to include, and always to have included, power to enter into any agreement or agreements altering or varying, by consent of the parties, any agreement or agreements from time to time entered into between the Board and the Council pursuant to the powers conferred by the said section 4 or pursuant to the powers hereby conferred.
3 Amending section 7(3) of principal Act
The proviso to subsection (3) of section 7 of the principal Act shall not apply to those portions of the land described in the Schedule in respect of which the Board and the Council may from time to time agree in writing under seal that the proviso to the said subsection shall not apply.
Schedule
All that land in the Hawke's Bay Land District, containing approximately one hundred and sixteen acres (116 acres), being Part Te Whare-o-Maraenui Block and Part Ahuriri Lagoon Reserve, Block IV, Heretaunga Survey District, bounded as follows: commencing at a point where the left bank of the old Tutaekuri River bed intersects with north-western side of Taradale Road, and proceeding in a general westerly direction along the left bank of the old Tutaekuri River bed for a distance of approximately 4 950 links; thence in a south-westerly direction for a distance of 1 750 links on a bearing of 195º30′ and a distance of approximately 1 056 links on a bearing of 223º56′; thence in a south-easterly direction for a distance of 2 448 links on a bearing of 137º39′ to the north-western side of Taradale Road; thence generally in a north-easterly direction along the north-western side of Taradale Road for a distance of approximately 6 220 links, to the point of commencement: as the same is delineated on plan marked MD 8791, deposited in the office of the Marine Department, at Wellington, and thereon edged red.
Except where the above lines follow actual road lines, the bearings and distances are approximate only and subject to correction after survey.
Napier Harbour Board and Napier City Enabling Amendment Act 1958
| Local Act | 1958 No 1 |
| Date of assent | 25 August 1958 |
| Commencement | 25 August 1958 |
An Act to amend the Napier Harbour Board and Napier Borough Enabling Act 1945
1 Short Title
This Act may be cited as the Napier Harbour Board and Napier City Enabling Amendment Act 1958, and shall be read together with and deemed part of the Napier Harbour Board and Napier Borough Enabling Act 1945 (hereinafter referred to as
“the principal Act”
).
2 Extending application of principal Act
The provisions of the principal Act, except subsection (2) of section 9 thereof, shall extend and apply to the land described in Schedule 1 of this Act, as if that land were included in Schedule 2 of the principal Act.
3 Schedule of Amendment Act of 1949 extended
The Schedule of the Napier Harbour Board and Napier Borough Enabling Amendment Act 1949 is hereby extended to include the area described in Schedule 2 of this Act.
Schedule 1 |
s 2 |
All that area in the Hawke's Bay Land District, City of Napier, containing approximately 34 acres, bounded by a line commencing at the intersection of the western bank of the Meanee Drain with the south-eastern side of a private road shown on SO Plan 2252 lodged in the office of the Chief Surveyor at Napier, being also a point on the boundary of the area described in Schedule 2 of the Napier Harbour Board and Napier Borough Enabling Act 1945, and proceeding south-easterly and south-westerly along the south-western and north-western boundaries of that area to the middle of a drain shown on the said SO Plan 2252; thence north-westerly along the middle of that drain to the south-eastern side of a private road shown on the said SO Plan 2252; thence north-easterly along that roadside to the point of commencement.
Also all that area in the Hawke's Bay Land District, City of Napier, containing approximately 66 acres, bounded by a line commencing at the junction of the left bank of the old Tutaekuri River Bed with the north-western boundary of the area described in Schedule 2 of the Napier Harbour Board and Napier Borough Enabling Act 1945, and proceeding south-westerly along that boundary to the middle of the Meanee Drain; thence north-westerly along the middle of that drain to the right bank of the main gravity drain shown on the said SO Plan 2252; thence north-easterly along that bank to the left bank of the old Tutaekuri River Bed; thence south-easterly along that bank to the point of commencement.
Schedule 2 |
s 3 |
All that area in the Hawke's Bay Land District, City of Napier, containing approximately 150 acres, bounded by a line commencing at the easternmost corner of Lot 5, DP 6562, on the north-western side of the Napier-Hastings via Fernhill main highway No 845 and proceeding north-westerly along the north-eastern boundaries of Lots 5 and 3 on the said DP 6562 to the northernmost corner of the said Lot 3; thence south-westerly along the north-western boundaries of Lots 3 and 2 on the said DP 6562 and the production of the last-mentioned boundary to the middle of a drain shown on SO Plan 2252 lodged in the office of the Chief Surveyor at Napier; thence north-westerly along the middle of that drain to the south-eastern side of a private road shown on the said SO Plan 2252; thence north-easterly along that roadside to the middle of the Meanee Drain; thence north-westerly along the middle of that drain to the right bank of the main gravity drain, also shown on the said SO Plan 2252; thence north-easterly along that bank to the left bank of the old Tutaekuri River Bed; thence south-easterly along that bank to the north-western corner of the land described in the Schedule of the Napier Harbour Board and Napier Borough Enabling Amendment Act 1949; thence south-westerly and south-easterly along the north-western and south-western boundaries of that land to the north-western side of the Napier-Hastings via Fernhill main highway No 845; thence south-westerly generally along that roadside to the point of commencement.
Napier Harbour Board and Napier City Enabling Amendment Act 1965
| Local Act | 1965 No 3 |
| Date of assent | 6 August 1965 |
| Commencement | 6 August 1965 |
An Act to amend the Napier Harbour Board and Napier Borough Enabling Act 1945
1 Short Title
This Act may be cited as the Napier Harbour Board and Napier City Enabling Amendment Act 1965, and shall be read together with and deemed part of the Napier Harbour Board and Napier Borough Enabling Act 1945 (hereinafter referred to as
“the principal Act”
).
2 Extending application of principal Act
The provisions of the principal Act, except section 9 thereof, shall extend and apply to the land described in the Schedule of this Act, as if the land were included in Schedule 2 of the principal Act.
3 Schedule of Amendment Act of 1949 extended
The Schedule of the Napier Harbour Board and Napier Borough Enabling Amendment Act 1949 is hereby extended to include the area described in the Schedule of this Act.
4 Inclusion of land in City
On the passing of this Act the lands described in the Schedule shall, by virtue of this Act, without any further authority or procedure be and become, ipso facto, included in the City of Napier, and the boundaries of the City of Napier as altered by this section shall be forthwith defined by notice in the New Zealand Gazette under the hand of the Secretary of Internal Affairs pursuant to section 26 of the Municipal Corporations Act 1954.
Schedule
All that area in the Hawke's Bay Land District containing approximately 30 acres 2 roods situated in Block IV, Heretaunga Survey District, and bounded by a line commencing at a point which is the intersection of the centre line of the Meeanee Drain with the right bank of the main gravity drain and proceeding in a south-easterly direction along the centre line of the Meeanee Drain to the south-eastern side of a private road shown on Survey Office Plan 2252; thence in a south-westerly direction along the south-eastern side of that private road to its intersection with the centre line of the proposed motorway as delineated on Survey Office Plan 5477; thence in a north-westerly direction approximately 2 900 links along the centre line of the proposed motorway to its intersection with the right bank of the main gravity drain; thence north-easterly along that bank to the point of commencement.
Napier Harbour Board and Napier City Enabling Amendment Act 1966
| Local Act | 1966 No 11 |
| Date of assent | 19 August 1966 |
| Commencement | 19 August 1966 |
An Act to amend the Napier Harbour Board and Napier Borough Enabling Act 1945
1 Short Title
This Act may be cited as the Napier Harbour Board and Napier City Enabling Amendment Act 1966, and shall be read together with and deemed part of the Napier Harbour Board and Napier Borough Enabling Act 1945 (hereinafter referred to as
“the principal Act”
).
2 Extending application of principal Act
The provisions of the principal Act, except section 9 thereof, shall extend and apply to the land described in the Schedule of this Act as if that land were included in Schedule 2 of the principal Act.
3 Schedule of Amendment Act of 1949 extended
The Schedule of the Napier Harbour Board and Napier Borough Enabling Amendment Act 1949 is hereby extended to include the area described in the Schedule of this Act.
Schedule
Area of land to be included in Schedule 2 of the Napier Harbour Board and Napier Borough Enabling Act 1945 and in the Schedule of the Napier Harbour Board and Napier Borough Enabling Amendment Act 1949:
All that area in the Hawke's Bay Land District, Blocks IV and VIII, Heretaunga Survey District, containing approximately 509 acres, bounded by a line commencing at a point in Block IV, Heretaunga Survey District, being the intersection of the centre line of the proposed motorway shown on SO Plan 5477 with the right bank of the main gravity drain; thence proceeding southerly along the centre line of the proposed motorway aforesaid to the south-eastern side of a private road shown on SO Plan 2252, being also a point on the boundary of the City of Napier as described in the Gazette, 1962, page 865; thence southerly generally along that city boundary to the northern boundary of Lot 2, DP 462, and westerly along the northern boundary of Lot 2 aforesaid to the eastern side of Park Road; thence westerly along a right line to the north-eastern corner of Lot 2, DP 9954, and westerly generally along the north-eastern boundaries of Lots 2 and 1, DP 9954, the north-western boundary of Lot 1 aforesaid, the north-eastern and north-western boundaries of Lot 1, DP 8607, and the north-eastern side of Park Road to the southern boundary of Lot 6, Deeds Plan 363; thence northerly along the western boundaries of Lots 6, 7, and 8, Deeds Plan 363, to the southern boundary of Lot 43, Deeds Plan 132; thence westerly along the southern boundaries of Lots 43, 42, 41, 40, 39, and 38, Deeds Plan 132, to the western boundary of the last-mentioned lot; thence northerly along the western boundary of Lot 38 aforesaid and easterly along the northern boundaries of Lots 38 and 39, Deeds Plan 132, to a point in line with the eastern side of Park Island Road; thence northerly generally to and along the eastern side of Park Island Road, to and along the north-western boundary of Lot 1, DP 6625, to the northernmost point of the last-mentioned lot; thence north-easterly along a right line to the intersection of the proposed motorway shown on SO Plan 5477 with the right bank of the main gravity drain being the point of commencement.
Contents
1General
2Status of reprints
3How reprints are prepared
4Changes made under section 17C of the Acts and Regulations Publication Act 1989
5List of amendments incorporated in this reprint (most recent first)
Notes
1 General
-
This is a reprint of the Napier Harbour Board and Napier Borough Enabling Act 1945. The reprint incorporates all the amendments to the Act as at 25 November 1945, as specified in the list of amendments at the end of these notes.
Relevant provisions of any amending enactments that contain transitional, savings, or application provisions that cannot be compiled in the reprint are also included, after the principal enactment, in chronological order. For more information, see http://www.pco.parliament.govt.nz/reprints/
.
2 Status of reprints
-
Under section 16D of the Acts and Regulations Publication Act 1989, reprints are presumed to correctly state, as at the date of the reprint, the law enacted by the principal enactment and by the amendments to that enactment. This presumption applies even though editorial changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in the reprint.
This presumption may be rebutted by producing the official volumes of statutes or statutory regulations in which the principal enactment and its amendments are contained.
3 How reprints are prepared
A number of editorial conventions are followed in the preparation of reprints. For example, the enacting words are not included in Acts, and provisions that are repealed or revoked are omitted. For a detailed list of the editorial conventions, see http://www.pco.parliament.govt.nz/editorial-conventions/
or Part 8 of the Tables of New Zealand Acts and Ordinances and Statutory Regulations and Deemed Regulations in Force.
4 Changes made under section 17C of the Acts and Regulations Publication Act 1989
-
Section 17C of the Acts and Regulations Publication Act 1989 authorises the making of editorial changes in a reprint as set out in sections 17D and 17E of that Act so that, to the extent permitted, the format and style of the reprinted enactment is consistent with current legislative drafting practice. Changes that would alter the effect of the legislation are not permitted.
A new format of legislation was introduced on 1 January 2000. Changes to legislative drafting style have also been made since 1997, and are ongoing. To the extent permitted by section 17C of the Acts and Regulations Publication Act 1989, all legislation reprinted after 1 January 2000 is in the new format for legislation and reflects current drafting practice at the time of the reprint.
In outline, the editorial changes made in reprints under the authority of section 17C of the Acts and Regulations Publication Act 1989 are set out below, and they have been applied, where relevant, in the preparation of this reprint:
•omission of unnecessary referential words (such as
“of this section”
and“of this Act”
)•typeface and type size (Times Roman, generally in 11.5 point)
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•layout of provisions, including:
•indentation
•position of section headings (eg, the number and heading now appear above the section)
•format of definitions (eg, the defined term now appears in bold type, without quotation marks)
•format of dates (eg, a date formerly expressed as
“the 1st day of January 1999”
is now expressed as“1 January 1999”
)•position of the date of assent (it now appears on the front page of each Act)
•punctuation (eg, colons are not used after definitions)
•Parts numbered with roman numerals are replaced with arabic numerals, and all cross-references are changed accordingly
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•case and appearance of letters and words, including:
•format of headings (eg, headings where each word formerly appeared with an initial capital letter followed by small capital letters are amended so that the heading appears in bold, with only the first word (and any proper nouns) appearing with an initial capital letter)
•small capital letters in section and subsection references are now capital letters
•schedules are renumbered (eg, Schedule 1 replaces First Schedule), and all cross-references are changed accordingly
•running heads (the information that appears at the top of each page)
•format of two-column schedules of consequential amendments, and schedules of repeals (eg, they are rearranged into alphabetical order, rather than chronological).