Act Repealed Latest version as at 06 August 1936 (as enacted) | 1936 No 2

Wellington City Reclamation and Empowering Act 1936

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Powers of reclamation.

Power to deviate part of Moa Point Road.

Borrowing-powers.

FIRST SCHEDULE

SECOND SCHEDULE

Wellington City Reclamation and Empowering Act 1936

Local Act		1936 No 2
Date of assent		6 August 1936

	Title
1	Short Title.
2	Interpretation.
3	Special Act.
4	Powers of reclamation.
5	Power to deviate part of Moa Point Road.
6	Borrowing-powers.
	FIRST SCHEDULE
	SECOND SCHEDULE

An Act to confer Further Powers on the Corporation of the City of Wellington.

BE IT 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 Wellington City Reclamation and Empowering Act, 1936.

2 Interpretation.

In this Act, if not inconsistent with the context,—

“Corporation” means the Mayor, Councillors, and Citizens of the City of Wellington as constituted under the Municipal Corporations Act, 1933:

“Council” means the Wellington City Council.

3 Special Act.

This Act shall be deemed to be a special Act within the meaning of the Harbours Act, 1923.

4 Powers of reclamation.

(1)

Subject to the provisions of the Harbours Act, 1923, the Council may from time to time reclaim the land described in the First Schedule hereto, or portions thereof, from the sea, and may for that purpose, if it thinks fit, in the name and on behalf of the Corporation, enter into contracts with any person for the execution of all or any of the works which may be necessary or expedient in or about the filling-up and reclaiming of such land as aforesaid upon such terms and conditions as may seem to it proper and reasonable.

Vesting of reclaimed land in Corporation.

(2)

Such portions of the said land as may from time to time be reclaimed as aforesaid shall vest in the Corporation for the following purposes, namely:—

(a)

As to such part thereof as the Council shall by resolution fix, for the purposes of a street; and

(b)

As to the balance thereof, for the purposes of an aerodrome.

5 Power to deviate part of Moa Point Road.

(1)

The Council may, after the completion of the reclamation hereby authorized, at least as far as the seaward boundary of the land described in Part 1 of the First Schedule hereto, and after the provision of a new street extending in part along the seafront of such reclamation, in or near the position of the area shown as “proposed new street” on the plan mentioned in the Schedules hereto, by resolution close the portion of the street known as “Moa Point Road” described in the Second Schedule hereto.

(2)

Such portion of Moa Point Road shall on the passing of such resolution vest in the Corporation for the purposes of an aerodrome.

(3)

In order to ensure that, upon the making of any reclamation hereby authorized, a new street shall be constructed by the Council along the seaward boundary of such reclamation, and that such new street shall be extended at both ends thereof so as to connect with the existing street known as “Moa Point Road”, the following provisions shall apply:—

(a)

The Council, after the completion of the reclamation of the whole of the land described in Part 1 of the First Schedule hereto, or such part thereof as it reclaims, shall construct and provide a new street along the seaward boundary of such reclamation and shall extend both ends of such new street so as to connect with the existing Moa Point Road, so that the new street shall be in or near the position shown as “proposed new street” on the plan marked “Proc. 2755” mentioned in the Schedules hereto, and the Council thereafter may by resolution close the portion of the street known as “Moa Point Road” described in the Second Schedule hereto:

(b)

Such portion of Moa Point Road shall, on the passing of such resolution, vest in the Corporation for the purposes of an aerodrome:

(c)

On the completion of the reclamation of any portion of the land described in Part 2 of the First Schedule hereto, the Council shall construct all necessary alterations and deviations to the said new street, as the case may require, so as to provide that the new street shall at all times and from time to time be along the seaward boundary of any reclamation made under the authority hereby given:

Provided, however, that no deviation or alteration shall be required to be made in respect of any reclamation south or southwest of the south-western corner of the land described in Part 1 of the First Schedule hereto:

(d)

Upon the construction and provision of any deviation or alteration under the last preceding paragraph rendering any portion of the former existing street unnecessary as street, then the Council may by resolution close such portion, and such portion shall, on the passing of such resolution, vest in the Corporation for the purposes of an aerodrome.

6 Borrowing-powers.

The Corporation may from time to time borrow for the filling-in and reclamation of the land described in the First Schedule hereto, and for the construction of the proposed new street and for the levelling of such land and completion thereof as part of the existing Rongotai Aerodrome of the Corporation, such sums of money as may from time to time be necessary for these purposes by way of special loan within the meaning of the Local Bodies’ Loans Act, 1926.

SCHEDULES

FIRST SCHEDULE

Part 1.

1.

All that piece of land, being portion of the sea-bed situate in Lyall Bay, containing an area of 9 acres 2 roods 15 perches, bounded as follows: Starting at a point at the intersection of the eastern boundary of Moa Point Road with the common boundary between Lots 16 and 17, D.P. 8272; thence in a north-westerly direction along a line on a bearing of 297° 30′ for a distance of 490 links; thence in a southerly direction along an arc of a circle of radius 800 links for a distance of 35 links, to the point of commencement; thence generally in a northerly direction along the high-water mark as defined by D.P. 8149 and D.P. 2456 for a distance of 3200 links to its point of intersection with an arc of a circle of radius 2500 links; thence generally in a southerly direction along the arc of the aforesaid circle for a distance of 805 links; thence in a southerly direction along an arc of a circle of radius 700 links for a distance of 262 33 links; thence in a southerly direction on a bearing of 188° 00′ for a distance of 1365 links; thence in a southerly direction along an arc of a circle radius 800 links for a distance of 35 links, to the point of commencement: As the same is more particularly delineated on a plan deposited in the Head Office of the Department of Lands and Survey, and marked “Proc. 2755”, and on a plan marked M.D. 7438, deposited in the Head Office of the Marine Department, and therein coloured red.

Part 2.

2.

All that piece of land, being portion of the sea-bed situate in Lyall Bay, containing an area of 17 acres 0 roods 3 perches, bounded as follows: Starting at the point of commencement described above; thence generally in a southerly direction along high-water mark as defined by D.P. 8149 for a distance of 1200 links; thence in a north-westerly direction by a line bearing 280° 10′ 20″ for a distance of 930 links; thence in a north-easterly direction at a bearing of 43° 00′ for a distance of 980 links; thence in a north-westerly direction on a bearing of 344° 00′ for a distance of 2660 links to the point of intersection with high-water mark as defined by D.P. 2456; thence generally in a south-easterly direction along the aforesaid high-water mark for a distance of 830 links to its point of intersection with an arc of a circle of radius 2500 links; thence generally in a southerly direction along the aforesaid arc for a distance of 805 links; thence in a southerly direction along an arc of a circle of radius 700 links for a distance of 262·33 links; thence in a southerly direction on a bearing of 188° 00′ for a distance of 1365 links; thence along an arc of a circle of radius 800 links for a distance of 35 links, to the point of commencement: As the same is more particularly delineated on a plan deposited in the Head Office of the Department of Lands and Survey, and marked “Proc. 2755”, and on a plan marked M.D. 7438, deposited in the Head Office of the Marine Department, and therein coloured yellow.

SECOND SCHEDULE

All that piece of land, being portion of Moa Point Road, containing an area of 7 acres 1 rood 10–9 perches, bounded as follows: Commencing at a point distant 33941 links on a bearing of 30° 12′ 30″ from the intersection of the eastern side of Moa Point Road with the common boundary between Lots 16 and 17, D.P. 8272; thence in a north-easterly direction by a line bearing 40° 49′ 40″ for a distance of 356·30 links; thence generally in a north-westerly direction along arcs of circles of radii of 2300 links, 2400 links, and 1500 links for distances of 162079 links, 12788 links, and 639·66 links respectively; thence in a north-westerly direction by a line bearing 294° 54′, a distance of 9150 links; thence in a northeasterly direction by a line bearing 10° 40′ 30″, a distance of 10012 links; thence in a south-easterly direction by a line bearing 103° 09′, a distance of 73·58 links; thence generally in a south-easterly direction along arcs of circles of radii 2600 links and 2500 links for distances of 208015 links and 1601·72 links respectively; thence in a south-easterly direction by a line bearing 117° 11′ 30″, a distance of 7145 links; thence in a south-westerly direction by a line bearing 234° 57′, a distance of 629·80 links, to the point of commencement: As the same is more particularly delineated on a plan deposited in the Head Office of the Department of Lands and Survey, marked “Proc. 2755”, and therein coloured green.

Wellington City Reclamation and Empowering Act 1936