An Act to make provision for leasing land vested in the Auckland Harbour Board and constituting part of the bed of the Waitemata Harbour to Ports of Auckland Limited

1 Short Title

This Act may be cited as the Auckland Harbour Board (Princes Wharf) Empowering Act 1989.

2 Interpretation

In this Act, unless the context otherwise requires,—

Act means the Harbours Act 1950
Board means the Auckland Harbour Board; and includes:
- (a) if any land to which this Act applies is for the time being vested in any other local authority pursuant to a final reorganisation scheme under the Local Government Act 1974, that local authority in respect of any such land so vested:
- (b) if any land to which this Act applies is for the time being vested in the Crown, the Minister of Conservation and the Minister of Transport acting jointly in respect of any such land so vested
Company means Ports of Auckland Limited

Princes Wharf Redevelopment Area means and includes those areas of land, foreshore, seabed, waterspace, and airspace described in Parts 1, 2, and 3 of the Schedule, and identified as Areas B and C on Survey Office Plan SO 63743, deposited with the Chief Surveyor at Auckland.

3 Special Act

This Act is declared to be a special Act within the meaning of the Act.

4 Authority to lease

(1) Subject to subsection (2) and notwithstanding anything in any other enactment, it shall be lawful for the Board to lease by private contract to the Company the whole or any part of the land described in the Schedule for such term of years, at such rent or rentals, and on such terms and conditions (including the right to sublet or license) as are approved by the Board; and from time to time to accept the surrender or vary the terms and conditions of any such lease upon such terms and conditions as are approved by the Board.

(2) Any such lease granted to the Company shall not be assignable by the Company other than to a subsidiary of the Company as defined in section 2 of the Port Companies Act 1988 or to any person from time to time operating the Port of Auckland.

(3) The Public Bodies Leases Act 1969 and section 173(f) of the Act shall not apply in respect of any lease granted under the authority of subsection (1).

5 Subdivision and development provisions not to apply

(1) Part 20 of the Local Government Act 1974 shall not apply to—
- (a) any subdivision required to enable a separate certificate of title to issue for the land described in the Schedule:
- (b) any lease granted under the authority of section 4:
- (c) any sublease or licence granted by the Company of or in respect of the whole or any part of the land described in the Schedule.
(2) Sections 281, 289, 291, 292, 294(1)(b) and (c), 294A(7), and 327 of the Local Government Act 1974 shall not apply to the development of the whole or any part of the land described in the Schedule.

6 Power of local authority to assess rate

(1) Subject to subsection (2), structures on the land described in Part 3 of the Schedule and identified as Area C on Survey Office Plan SO 63743 are hereby deemed to be within Auckland for rating purposes and the provisions of the Local Government (Rating) Act 2002 (other than sections 67 to 83) apply to those structures.

(2) This section shall come into force on the date on which rent becomes payable under any sublease or licence (other than a sublease or licence for investigative and construction purposes) granted by the Company for the Princes Wharf Redevelopment Area or any part of it pursuant to a lease to the Company from the Board granted under section 4 for the purposes of this Act.

(3) The Company shall give written notice to the Auckland Council as to the date on which rent becomes payable under any sublease or licence to which subsection (2) refers at least 1 month prior to that date.

Section 6 heading: amended, on 1 July 2003, by section 137(1) of the Local Government (Rating) Act 2002 (2002 No 6).

Section 6(1): amended, on 1 November 2010, by section 113(1) of the Local Government (Auckland Transitional Provisions) Act 2010 (2010 No 37).

Section 6(1): amended, on 1 July 2003, by section 137(1) of the Local Government (Rating) Act 2002 (2002 No 6).

Section 6(3): amended, on 1 November 2010, by section 113(1) of the Local Government (Auckland Transitional Provisions) Act 2010 (2010 No 37).

7 Powers of District Land Registrar

Notwithstanding the requirements of any other Act, the District Land Registrar for the North Auckland Land Registration District is hereby authorised and directed—
- (a) to issue a certificate of title in the name of the Board for the whole or any part of the land described in the Schedule; and
- (b) to register any lease or sublease granted under this Act and presented for registration—
on the completion of such surveys and the deposit of such plans as the District Land Registrar may require for the issue of a certificate of title or for the entry of any lease on the register, as the case may be.

8 Other Acts not affected

Nothing in this Act shall be construed as—
- (a) limiting the application of—
  - (i) the Conservation Act 1987:
  - (ii) sections 143 and 143A to 143C, 175 to 188, and 203 to 207 of the Harbours Act 1950:
  - (iii) the Historic Places Act 1980:
  - (iv) the Local Government Act 1974, except as otherwise provided in this Act:
  - (v) the Town and Country Planning Act 1977:
  - (vi) the Water and Soil Conservation Act 1967:
- (b) conferring any water right within the meaning of the Water and Soil Conservation Act 1967.

9 Compensation

Nothing in this Act shall deprive any person of any right or remedy that person would otherwise have in respect of any loss, detriment, damage, or injury caused by any development or work constructed or carried out under authority of this Act, whether to property or person or otherwise howsoever.

ss 2, 4(1), 5, 6(1), 7

Part 1

All that part of the bed of the Waitemata Harbour contained within Areas B and C on Survey Office Plan SO 63743 and containing 8.5886 hectares, more or less, situated in Blocks VIII and XVI, Rangitoto Survey District, and being part of the land comprised in Deeds Register Volume 33A, folio 198 of the Deeds Register Office at Auckland.

Part 2

All that part of the bed of the Waitemata Harbour contained within Area A on Survey Office Plan SO 63743 and containing 1 900 square metres, more or less, situated in Block VIII, Rangitoto Survey District, and being part of the land comprised in Deeds Register Volume 33A, folio 198 of the Deeds Register Office at Auckland.

Part 3

All that wharf structure, and all buildings and constructions thereon and therein, situated within Area C on Survey Office Plan SO 63743.

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 Auckland Harbour Board (Princes Wharf) Empowering Act 1989. The reprint incorporates all the amendments to the Act as at 1 November 2010, 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)
- •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
- •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).

5 List of amendments incorporated in this reprint (most recent first)

Local Government (Auckland Transitional Provisions) Act 2010 (2010 No 37): section 113(1)

Local Government (Rating) Act 2002 (2002 No 6): section 137(1)