Act Repealed Latest version as at 16 November 1937 (as enacted) | 1937 No 4

Ngaruawahia Borough Council Empowering Act 1937

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Contents

Preamble.

Short Title.

Power to enclose The Point.

Public notice to be given.

Admission upon payment of fee.

Power to plot and lease land.

Ngaruawahia Borough Council Empowering Act 1937

Local Act		1937 No 4
Date of assent		16 November 1937

	Title
	Preamble
1	Short Title.
2	Power to enclose The Point.
3	Public notice to be given.
4	Admission upon payment of fee.
5	Power to plot and lease land.
6	Use of waterways.
7	Control of rivers.
8	Power to delegate.
	Schedule

An Act to confer upon the Ngaruawahia Borough Council certain Powers over that Area of Land within the Borough of Ngaruawahia popularly known as “The Point”, and more particularly defined in the Schedule hereto.

Preamble.

WHEREAS the Ngaruawahia Regatta Association, Incorporated, conducts a festival on or about the seventeenth day of March in each year, commingled with land events on The Point and aquatic events upon the immediate stretches of the Waikato and Waipa Rivers: And whereas authority is sought to enclose The Point on the day or days appointed in each year for such or any other carnival, and to charge an admission fee thereto and rents in respect of the whole or any part or parts thereof, and to maintain control of such enclosure, and traffic and navigation of the Waikato and Waipa Rivers for a distance not exceeding two miles from The Point: And whereas the Ngaruawahia Borough Council desires power at any time to delegate to the Ngaruawahia Regatta Association, Incorporated, or any other body of persons corporate or unincorporate, the powers and authorities hereby conferred:

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 Ngaruawahia Borough Council Empowering Act, 1937.

2 Power to enclose The Point.

Subject to the provisions hereinafter appearing, the Ngaruawahia Borough Council is hereby empowered, on any day or days in the year, not exceeding five in all, to close The Point against the general use thereof, and to erect barriers, fences, and gateways along the boundaries thereof, or to adopt or use any other expedient necessary under the circumstances.

3 Public notice to be given.

Seven clear days’ notice of the Council’s intention to close The Point on any such day or days shall be given in a daily newspaper published in the City of Auckland and circulating in the territory within one hundred miles south of that city.

4 Admission upon payment of fee.

Persons and vehicles may be admitted to The Point on any such day or days upon payment of such sum, not exceeding two shillings for any person or vehicle, as may be determined from time to time by the Council.

5 Power to plot and lease land.

The Ngaruawahia Borough Council may plot out all or any part of The Point, and on any such day or days charge rent therefor.

6 Use of waterways.

The said Council may during any such day or days, and at any time immediately prior and subsequent thereto, as may be expedient, moor barges and other river-craft in the Waikato and Waipa Rivers, but so as to cause no undue interference with or risk to the users of such waterways, and shall exhibit and keep burning every night from sunset to sunrise on such craft when so moored a warning light conspicuous to the users of such waterways:

Provided that the authority or power under this section shall not be exercised for more than four days prior to or subsequent to the conducting of the festival.

7 Control of rivers.

The said Council on such day or days may regulate and control the traffic and navigation of the Waikato and Waipa Rivers for a distance of two miles from The Point, and provide specially for the direct and personal control of such traffic by any officer or person appointed in writing by the Council, and may exercise control over and regulate the use by any steamer, launch, boat, or other river-craft of the banks of the Waikato and Waipa Rivers within the limits of The Point. Every person who disobeys the command of any such appointed officer or person, given in the performance and execution of his duty, shall be guilty of an offence punishable on summary conviction to a fine not exceeding ten pounds.

8 Power to delegate.

The said Ngaruawahia Borough Council is hereby empowered to delegate to the Ngaruawahia Regatta Association, Incorporated, its successors and assigns, or any other body of persons corporate or unincorporate, so much and so many of the powers and authorities vested in or conferred upon it by this Act as the Council may deem necessary or expedient. The Council shall not under this section delegate the power to close The Point or to fix charges for admission thereto, but it may authorize the Association or any other body to which any delegation is made to retain the whole or any part of the charges for admission or rent payable under this Act in respect of The Point or of any part thereof.

Schedule

All that area or parcel of land situate within the Borough of Ngaruawahia, comprising portion of the Esplanade, Broadway, and Market Street, popularly known as The Point, and bounded by a line commencing at a point on the right bank of the Waipa River in line with the southern boundary of Allotment 619 of the Town of Ngaruawahia; thence down the right bank of the Waipa River and up the left bank of the Waikato River to the railway bridge; thence along a right line to the easternmost corner of the western portion of Part Allotment 601; thence north-westerly along the north-eastern boundaries of Part Allotment 601, Allotments 600, 599, 598, 597, 596, 625, 664, and 663, to the northernmost corner of the last-mentioned allotment; thence along the north-western boundary of Allotment 663 to its westernmost corner; thence along the south-western boundaries of Allotments 663, 624, 623, 622, and 591, to the southernmost corner of the last-mentioned allotment; thence south-westerly along the production of the south-eastern boundary of Allotment 591 for a distance of 50 links; thence along a line parallel to and 50 links distant from the south-western boundaries of Allotments 590, 589, 588, and Part Allotment 587, to a point in line with and 50 links distant from the southernmost corner of the western portion of Part Allotment 587; thence along a line running in the direction of the north-western corner of Allotment 657 to a point 50 links distant from the south-western side of Market Street; thence north-westerly along a line parallel to and 50 links distant from the north-eastern boundaries of Allotments 580, 579, 661, and 662; thence south-westerly along a line parallel to and 50 links distant from the north-western boundary of Allotment 662; thence south-easterly along a line parallel to and 50 links distant from the south-western boundaries of Allotments 662, 660, 659, 658, to a point 50 links distant and bearing 245° 54′ from the southernmost corner of Allotment 658; thence along the production of that line to a point 50 links distant from the north-eastern boundary of Allotment 620; thence along lines parallel to and 50 links distant from the north-eastern boundaries of Allotment 620; thence along lines parallel to and 50 links distant from the north-eastern boundaries of Allotments 620, 607, 606, 605, 604, and 603; thence along a line parallel to and 50 links distant from the northern boundary of Allotment 603 aforesaid; thence along a line parallel to and 50 links distant from the western boundaries of Allotments 603 and 619 to a point in line with the production of the southern boundary of said Allotment 619; thence along that line to the right bank of the Waipa River, the point of commencement.

Ngaruawahia Borough Council Empowering Act 1937