Auckland Harbour Board Empowering Act 1970
Auckland Harbour Board Empowering Act 1970
Auckland Harbour Board Empowering Act 1970
Auckland Harbour Board Empowering Act 1970
Local Act |
1970 No 23 |
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Date of assent |
2 December 1970 |
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Contents
An Act to authorise the Auckland Harbour Board to reclaim from the sea certain land in the Waitemata Harbour for the purpose of a wharf
WHEREAS the Auckland Harbour Board proposes to redevelop the Captain Cook Wharf and Kings Wharf areas for the purpose of providing modern wharf facilities for the handling of cargo: And whereas it is expedient to reclaim certain land from the sea for that purpose: And whereas the Auckland Regional Planning Scheme provides that future extensions of the Port of Auckland should be by redevelopment of facilities within the existing port limits: And whereas the land proposed to be reclaimed for the redevelopment is within such existing port limits:
Be it therefore enacted by the General Assembly of New Zealand in Parliament assembled, and by the authority of the same, as follows:
1 Short Title
This Act may be cited as the Auckland Harbour Board Empowering Act 1970.
2 Interpretation
In this Act, unless the context otherwise requires,—
“Auckland Regional Authority” means the Auckland Regional Authority as constituted by the Auckland Regional Authority Act 1963:
“Board” means the Auckland Harbour Board.
3 Special Act
This Act shall be deemed to be a special Act within the meaning of the Harbours Act 1950.
4 Authority to reclaim
Subject to the provisions of the Harbours Act 1950 and of this Act, the Board may from time to time reclaim from the sea the land described in the Schedule to this Act or any part or parts thereof for the purpose of a wharf.
5 Reclamation to be consistent with planning study
(1)
Notwithstanding anything in section 4 of this Act, the Board shall not reclaim any part or parts of the land described in the Schedule to this Act unless the Board and the Auckland Regional Authority agree that the proposed reclamation for the purpose of a wharf is consistent—
(a)
With the use provided for the part or parts proposed to be reclaimed in the foreshore planning study which relates to the Waitemata Harbour and which is being or is to be carried out jointly by the Board and the Auckland Regional Authority; or
(b)
If the study or the relevant part of it is not completed at the time of the proposed reclamation, with the use that, in their view, will probably be provided for the part or parts proposed to be reclaimed in the study or the relevant part of it.
(2)
If the Board and the Auckland Regional Authority do not agree in respect of any matter under subsection (1) of this section, either the Board or the Auckland Regional Authority may refer the dispute to the Town and Country Planning Appeal Board whose decision shall be final.
Schedule Land to be Reclaimed
Section 4
All that piece of land situated in the North Auckland Land District containing 21 acres and 22.7 perches, more or less, being part of the bed of the Waitemata Harbour, granted 9 January 1855, Deeds Index, Volume 2a, folio 1246, situated in Block VIII, Rangitoto Survey District; being part of the land comprised in Deeds Index, Volume 33a, folio 195; as more particularly shown edged in red on the plan marked M.D. 14000, deposited in the office of the Marine Department at Wellington (S.O. 46876).