An Act to enable the Napier Harbour Board to sell certain areas of land, and to adjust the boundaries and contour, both external and internal, of the Ahuriri Lagoon

Preamble

Whereas it is expedient that the Napier Harbour Board (hereinafter referred to as the Board) should have power to sell certain areas of land in order to provide funds to improve and render saleable those areas and to render revenue-producing certain other areas of land:

And whereas the earthquake which occurred in Hawke's Bay on 3 February 1931 had the effect of raising the level of the bottom of the Ahuriri Lagoon (being an endowment reserved and set aside for the use, benefit, and endowment of, and vested in, the Board by the Napier Harbour Board Act 1874, as amended by the Napier Harbour Board Amendment and Endowment Improvement Act 1887, which last-mentioned Act is hereinafter referred to as the 1887 Act), thereby reclaiming from the sea large areas of the said lagoon, and confusing the boundaries, both external and internal, thereof:

And whereas the description of the Ahuriri Lagoon as set out in Schedule 2 of the 1887 Act excludes certain islands lying within the outside boundaries of the lagoon, called therein Roro-o-kuri, Parapara, Te Ihuotikei, Uruwiri, Poroporo, Tirowhangahe, Tuteranuku, Awa-a-waka, and Matawhero respectively, of which all except Roro-o-kuri (now owned by Europeans) and Te Ihuotikei and Parapara (both now owned by the Napier Borough Council, the Hastings Borough Council, and the Hawke's Bay County Council) are Maori land the title to which has never been investigated, ascertained, or determined:

And whereas it is expedient in the interests of the Board that the Board should be afforded the facilities and possess the powers by this Act given and conferred in relation to the Ahuriri Lagoon and the islands lying within the outside boundaries thereof as aforesaid.

Preamble: amended, on 27 November 1947, pursuant to section 2 of the Maori Purposes Act 1947 (1947 No 59).

1 Short Title

This Act may be cited as the Napier Harbour Board Empowering Act 1932–33.

2 Special Act

This Act shall be deemed to be a special Act within the meaning of the Harbours Act 1923, which Act is hereby incorporated in this Act.

3 Interpretation

In this Act—

the Ahuriri Lagoon means that portion of the area of land containing 7 900 acres, more or less, comprised in Schedule 2 of the 1887 Act, which is more particularly described in Schedule 2 of this Act

the Board means the Napier Harbour Board

the said area of 28 acres means the parcel of land first described in Schedule 1, and the said area of 92 acres means the parcel of land secondly described in the same schedule.

4 Power to sell certain land

The Board shall have power to sell by public auction or public tender, in such parcels, upon such terms and conditions as to payment of the purchase price, security for unpaid purchase moneys, and otherwise, as it shall think fit, portions, limited as hereinafter provided, of the said area of 28 acres, and of the said area of 92 acres, and to apply the purchase moneys arising from any such sale, in or towards the costs and expenses of surveying, subdividing, levelling, roading, draining, and otherwise improving and rendering revenue-producing the said area of 28 acres and the said area of 92 acres, or either of them, including the costs and expenses appertaining to the rendering saleable to the best advantage of the portions of the said areas respectively to which the power of sale hereby conferred shall apply:

provided always and it is hereby declared as follows:
- (a) the power of sale hereby conferred upon the Board shall not apply to more than one-third of the total area, exclusive of roads, of each of the said areas of 28 acres and 92 acres respectively; but no purchaser from the Board shall be concerned to see or inquire as to whether the Board has exceeded the limit aforesaid, nor shall his title be invalidated or impeached by reason of the Board having exceeded such limit, nor shall he be bound to see or inquire as to the application of his purchase moneys, or be responsible for the misapplication thereof; and a recital in any instrument of alienation executed by the Board in favour of a purchaser that such instrument is entered into under the authority of this Act shall be conclusive evidence for the purposes of such instrument that the Board is acting within the limits of the authority hereby conferred:
- (b) if the Board shall offer any of the lands to which this section applies for sale by public auction or public tender it shall publish in some newspaper circulating in the towns of Napier and Hastings once at least not less than 30 days before the day appointed for the auction, or before the last day appointed for making a tender, as the case may be, and twice at least after such first publication and before the day so appointed, a notice setting out sufficient particulars of the land proposed to be offered for sale, and of the terms for payment of the purchase moneys:
- (c) it shall not be necessary in any such sale by public auction or public tender for the Board to accept the highest or any bid or tender:
- (d) notwithstanding anything in this section, land that has been offered for sale as aforesaid and not sold may at any time within 12 months after the day of the auction, or after the last day for the delivery of tenders for the same, as the case may be, be sold by private contract at a price not less than the upset price at which the land was so offered, and upon terms and conditions as to payment of the purchase price, security for unpaid purchase moneys, and otherwise, coinciding with the original terms and conditions in these respects, or differing therefrom, as the Board shall decide:
  
  provided always that nothing shall prevent the Board from again offering the said land for sale by public auction or public tender in manner hereinbefore provided before the expiration of the said period of 12 months conditionally on such offer not being made at an earlier date than 3 months after the last preceding abortive attempt to effect a sale in that way, and these provisions shall continue to apply notwithstanding any previous abortive attempts to sell by public auction or public tender:
- (e) if there shall be any surplus moneys arising from sales of land hereby authorised after completion of the purposes for which the power of sale is hereby conferred upon the Board, the same may be applied by the Board in or towards payment of purchase moneys, compensation, costs, charges, and expenses incurred in, or incidental to, the carrying-out of the powers hereinafter conferred upon the Board in relation to the Ahuriri Lagoon; and if there shall still be an ultimate surplus the same shall be applied by the Board in or towards payment of the principal moneys owing by the Board in respect of any loan obtained on the security of, inter alia, the said area of 28 acres and the said area of 92 acres under the authority of the Napier Harbour Board Amendment and Endowment Improvement Act 1912:
- (f) nothing herein contained shall be deemed to deprive the Board of any powers it may possess as a leasing authority under the Public Bodies’ Leases Act 1908 in respect of the whole or any part of the said area of 28 acres, and the said area of 92 acres respectively.

5 Powers of the Board in relation to the Ahuriri Lagoon

For the purpose of adjusting the boundaries, both external and internal, of the Ahuriri Lagoon Endowment, the Board shall have and possess the following powers, that is to say:
- (a) to acquire by purchase any areas of land lying adjacent to the Ahuriri Lagoon, or being within the outside boundaries thereof, including the before-mentioned islands, or any of them, or any part thereof respectively:
- (b) to sell any areas of land the property of the Board lying on or adjacent to the outside boundary lines of the Ahuriri Lagoon:
- (c) to exchange any areas of land, being parts of the Ahuriri Lagoon endowment, for any other areas of land lying adjacent to the Ahuriri Lagoon, or being within the outside boundaries thereof, including the before-mentioned islands, or any of them, or any part thereof respectively, and to pay or receive moneys for equality of exchange:
- (d) to take, or contract for the purchase of, in manner provided by the Public Works Act 1928 and under the provisions of that Act, any areas of land lying adjacent to the Ahuriri Lagoon, or being within the outside boundaries thereof, including the before-mentioned islands, or any of them, or any part thereof respectively; for which purposes the objects for which such areas of land are taken as aforesaid shall be deemed to be a public work, and the land so taken shall be deemed to be land required for a public work, within the meaning of the said Act:
- (e) to layout, make, form, metal, and dedicate as a public road any area of land the property of the Board for the purposes of affording a road frontage to any land alienated by the Board for any of the purposes aforesaid; or to grant rights of way over any area of land the property of the Board for the purpose of giving any alienee from the Board means of access to a public road.
A recital contained in any instrument of alienation executed by the Board expressing that such instrument is entered into in conformity with this Act shall be conclusive evidence for the purposes of such instrument that the Board is acting within the bounds of the authority hereby conferred.

6 Dealing with Maori land

(1) The Maori Land Court is hereby empowered to issue an order or orders vesting the legal estate of any of the islands mentioned in the Preamble, or any other island situated in the Ahuriri Lagoon, which is Maori land, and of which the title has not been heretofore investigated, in such persons as the court shall appoint for the purpose, and thereupon the land mentioned in such order shall vest in such persons in the same manner as if the land had been then granted to those persons by the Crown, and the land shall be deemed to have been so granted accordingly, shall cease to be customary land, and shall become Maori freehold land within the meaning of the Maori Land Act 1931.

(2) The persons mentioned in any such order shall be deemed to be trustees, and shall have the power to sell, mortgage, lease, exchange, or otherwise deal with the land as fully as if they were the beneficial owners thereof.

(3) The Maori Land Court may by order appoint a new trustee or trustees either in substitution for or in addition to any existing trustee and whether there is any existing trustee or not at the time of the making of the order. Any person so appointed shall have the same rights and powers as he would have had if appointed by a decree of the Supreme Court in an action duly instituted, and the trust property shall vest in the trustees for the time being without any conveyance, transfer, assignment, or assurance.

(4) The trustees shall hold the said lands or the proceeds of any alienation thereof or any compensation therefor upon such trusts as the Maori Land Court shall from time to time declare.

(5) It shall be lawful for the Board to purchase, exchange, or otherwise acquire any of the said land from the said trustees, and no transfer or other document shall require to be confirmed under Part 13 of the Maori Land Act 1931, but shall take effect according to its tenor, and shall, except in the case of fraud, be deemed to be valid and may be registered accordingly.

(6) Any Maori land taken by the Board under the Public Works Act 1928 may be taken in the manner prescribed by Part 4 of that Act, and compensation shall be payable accordingly. All the provisions of that Part as to ascertainment of compensation shall apply. If the Maori Land Court has not theretofore made an order in accordance with subsection (1) in respect of any land taken it may appoint trustees, who shall be entitled to be paid the compensation and who shall hold the same upon trusts to be declared by the court from time to time. The provisions of subsection (3) relating to the appointment of new trustees shall apply to the trustees appointed under this subsection.

Section 6 heading: amended, on 27 November 1947, pursuant to section 2 of the Maori Purposes Act 1947 (1947 No 59).

Section 6(1): amended, on 27 November 1947, pursuant to section 2 of the Maori Purposes Act 1947 (1947 No 59).

Section 6(1): amended, on 27 November 1947, pursuant to section 4(1) of the Maori Purposes Act 1947 (1947 No 59).

Section 6(1): amended, on 27 November 1947, pursuant to section 9(2)(a) of the Maori Purposes Act 1947 (1947 No 59).

Section 6(3): amended, on 27 November 1947, pursuant to section 9(2)(a) of the Maori Purposes Act 1947 (1947 No 59).

Section 6(4): amended, on 27 November 1947, pursuant to section 9(2)(a) of the Maori Purposes Act 1947 (1947 No 59).

Section 6(5): amended, on 27 November 1947, pursuant to section 4(1) of the Maori Purposes Act 1947 (1947 No 59).

Section 6(6): amended, on 27 November 1947, pursuant to section 2 of the Maori Purposes Act 1947 (1947 No 59).

Section 6(6): amended, on 27 November 1947, pursuant to section 9(2)(a) of the Maori Purposes Act 1947 (1947 No 59).

7 Areas alienated and acquired respectively released from and subject to debenture security

In respect of any areas of land alienated or acquired by the Board for the purpose of adjusting the boundaries of that part of the Ahuriri Lagoon, containing 543 acres, more or less, which is described in Schedule 2 of the said Napier Harbour Board Amendment and Endowment Improvement Act 1912, the areas so alienated shall by force of this Act, and without further assurance, be released from, and the areas so acquired shall by force of this Act, and without further assurance, become subject to, the debenture security comprising 72 debentures each for 766 pounds 12 shillings and 1 penny, bearing date 21 February 1928, given by the Board to the Australian Mutual Provident Society under the authority of the said Act, of which said debentures 63 are now subsisting, and any person taking title to any area of land so alienated by the Board shall be entitled to assume that there is no such security as aforesaid in existence affecting that area.

Schedule 1

First, all that parcel of land situated in the Borough of Napier, in the Hawke's Bay Land District, comprising portions of the Napier Harbour Board's Te Whare-o-Maraenui and Ahuriri Lagoon Reserves, containing 28 acres, more or less, and bounded as follows: commencing at the point of intersection of the south-eastern side of the Napier–Taradale Road and the southern side of the East Coast Railway reserve; thence northerly and north-westerly by the southern and south-eastern side of that railway, 2 259.53 links, to the north-western corner of Lot 4 on a plan deposited in the Land Registration Office at Napier, and numbered 4985; thence south-easterly by the south-western boundaries of the said Lot 4 and Lots 1, 2, and 3 on the said plan numbered 4985, a closed road, a public road, and a closed road, 240.92 links and 463.16 links, to the south-western side of George's Drive; then again south-easterly by that side of George's Drive, 1 200 links, to the right bank of the Tutaekuri River; thence generally north-westerly by that bank of the Tutaekuri River to the south-eastern side of the Napier–Taradale Road; and thence north-easterly by that side of the said Napier–Taradale Road to the commencing point.

Secondly, all that parcel of land situated in Block IV, Heretaunga Survey District, in the Hawke's Bay Land District, comprising portions of the Napier Harbour Board's Te Whare-o-Maraenui and Ahuriri Lagoon Reserves, containing 92 acres, more or less, and bounded as follows: commencing at the point of intersection of the south-eastern side of the Taradale–Napier Road and the north-eastern side of the Maraenui Road; thence south-easterly by that side of Maraenui Road, 4 615 links; thence north-easterly by the north-western side of the Maraenui Road, 30.6 links, and by a line bearing 51°16′ true meridian, 2 120 links, to the left bank of the Tutaekuri River; thence generally north-westerly by that bank of the Tutaekuri River to the south-eastern side of the Taradale–Napier Road; and thence south-westerly by that side of the said road, 1 320 links, to the commencing point.

Schedule 2

All that parcel of land situate in the Hawke's Bay Land District, comprising 7 075 acres, more or less, being part of the Ahuriri Lagoon Reserve, the boundaries whereof are as follows: commencing at the intersection of the Napier–Taradale Road and the Napier–Wairoa Railway; thence by that railway and the shore of the Ahuriri Lagoon to the mouth of the River Esk; thence by a line across that river to the southernmost corner of Block 84, as shown on the plan of the western side of the Harbour suburban sections; thence towards the north-east by Blocks 84, 49, 48, 47, and 46 on the said plan; thence towards the north-west by Blocks 45 and 44 on the said plan; thence towards the south-west generally by Blocks 43, 34, 33, 32, and 29 on the said plan; thence towards the east by Blocks 30 and 31 on the said plan; thence towards the west by Blocks 31 and 30 on the said plan; thence towards the north-west by Blocks 29 and 28 on the said plan, a public road through Blocks 27, 26, and 25, and by Block 10 on the said plan; thence on the south-east by Blocks 9, 7, and 6 on the said plan; thence on the north-west by Blocks 6 and 7 on the said plan; thence on the south-east by Blocks 3 and 2 on the said plan; thence on the south-west by Block 1 on the said plan; thence on the north-west by Blocks 2, 3, 4, and 5 on the said plan; thence on the south-west by the Wharerangi Block; thence generally on the south and west by Blocks 14, 13, 12, 11, 10, 9, 8, 7, 6, 5, and 4 as shown on the plan of the Ahuriri Harbour suburban sections; thence by a line to the northernmost point of Block 2, Park's Island; thence by the northern, eastern, and southern shores of that island to its junction with Block 94, as shown on the plan of the Meeanee suburban sections; thence by the eastern boundary of that block to its south-eastern corner; thence on the south-east by a line to the north-west point of Block 48 on the said plan of the Meeanee suburban sections; thence by the northern boundary of Block 48 to its north-east corner; thence on the north-west by a line to the northernmost point of Block 95 on the said plan of the Meeanee suburban sections; thence on the west and south by Block 95; thence towards the east by the Napier–Taradale Road and Blocks 47 and 96; thence towards the south-east by Blocks 96 and 47 on the said plan of the Meeanee suburban sections to the intersection with the Napier–Taradale Road; thence towards the south-east by that road to a point opposite the north-west corner of Block 124 on the said plan of the Meeanee suburban sections; thence generally towards the south by Blocks 124 and 122 on the plan of the Meeanee suburban sections; thence generally towards the west by Blocks 122 and 47 on the said plan of the Meeanee suburban sections; thence generally towards the south by Block 123 on the said plan of the Meeanee suburban sections and Blocks 68 and 69 on the same plan; thence generally towards the east by Blocks 100 and 101 on the said plan of the Meeanee suburban sections; thence towards the south by Block 101 to the bank of the Tutaekuri River; thence across that river by a line bearing due east to the boundary of the Te Whare-o-Maraenui Block; thence generally towards the north-east by the Te Whare-o-Maraenui Block to the westernmost corner of that block; thence towards the south-east by the same block to the north-western side of the Napier–Taradale Road; thence again towards the south-east by that side of that road to its intersection with the Napier–Wairoa Railway, the point of commencement: excluding the islands called Roro-o-kuri, Parapara, Te Ihuotikei, Uruwiri, Poroporo, Tirowhangahe, Tuteranuku, Awa-a-waka, and Matawhero.

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 Empowering Act 1932–33. The reprint incorporates all the amendments to the Act as at 27 November 1947, 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)

Maori Purposes Act 1947 (1947 No 59): sections 2, 4(1), 9(2)(a)

Napier Harbour Board Empowering Act 1932–33