An Act to empower the Auckland Harbour Board to lease certain lands and to include the Auckland Harbour Board as a local authority under the Fire Brigades Act 1926

Preamble

Whereas it is desirable that the importation and handling of petrol and other petroleum derivatives in bulk through the Port of Auckland shall be confined to a special section of the Auckland Harbour set apart from the main commercial wharves for that purpose:

And whereas the Auckland Harbour Board (hereinafter referred to as the Board) has constructed for such purposes a wharf, known as the Western Wharf:

And whereas the importation and handling of petrol and petroleum derivatives necessitates the occupation by companies engaged in the trade of considerable areas of land in close proximity to the Western Wharf:

And whereas the increased volume of the trade in petrol and petroleum derivatives has rendered land available under the existing system of subdivision of the area occupied inadequate for the purpose:

And whereas the Board desires to remedy the inadequacy by altering the existing subdivision and securing to the companies concerned the areas of land which it is proposed to lease to such companies and to effect such changes in titles as are necessary:

And whereas the Board is desirous of becoming a local authority within the meaning of that term in the Fire Brigades Act 1926.

1 Short Title

This Act may be cited as the Auckland Harbour Board Empowering Act 1944.

2 Stopping part of Hamer Street and lease to Shell Company of New Zealand, Limited

That portion of Hamer Street included in Lot 2 of the lands described in Schedule 1 is hereby declared to be stopped and the fee simple thereof vested in the Board, and the Board is hereby authorised to grant a lease to the Shell Company of New Zealand, Limited, of all those parcels of land described in Schedule 1 at such rent as shall be agreed upon by the Board and the Shell Company of New Zealand, Limited.

3 Lease to Caltex Limited

The Board is hereby empowered to grant a lease to Caltex Limited of those parcels of land described in Schedule 2 at such rent as shall be agreed upon by the Board and Caltex Limited.

4 Surrender of lease by Shell Company of New Zealand, Limited, and leases to Shell Company of New Zealand, Limited, and Associated Motorists Petrol Company, Limited

The Board is hereby empowered to accept a surrender of the lease granted to the Shell Company of New Zealand, Limited, of the lands described in Schedule 3 as well as other lands included in such lease, and thereupon the Board is empowered to grant a lease to Associated Motorists Petrol Company, Limited, of the lands described in Schedule 3 at such rent as shall be agreed upon by the Board and Associated Motorists Petrol Company, Limited, and to grant a new lease to the Shell Company of New Zealand, Limited, of the other lands comprised in the lease so surrendered for the residue of the original term at such rent as shall be agreed upon by the Board and the Shell Company of New Zealand, Limited.

5 Stopping part of Daldy Street and leasing to Vacuum Oil Company Proprietary, Limited

That portion of Daldy Street, in the City of Auckland, as described in Schedule 4 is hereby declared to be stopped and the fee simple thereof vested in the Board, and the Board is hereby empowered to grant a lease of such land to the Vacuum Oil Company Proprietary, Limited, at such rent as shall be agreed upon by the Board and the Vacuum Oil Company Proprietary, Limited.

6 Exempting from section 8 of the Public Bodies' Leases Act 1908

In granting the leases authorised by this Act, it shall not be necessary for the Board to comply with section 8 of the Public Bodies' Leases Act 1908, but otherwise the provisions of that Act shall apply to the leases.

7 Authority to District Land Registrar

The District Land Registrar of the District of Auckland is hereby directed, on the production of such survey plans as he may require, to make such alterations in the register and issue such titles as may be necessary to carry into effect the provisions of this Act.

8 Extending of term “local authority”

The definition of the term “local authority” in section 2 of the Fire Brigades Act 1926 is hereby extended to include the Auckland Harbour Board.

Schedule 1

Firstly, all that piece or parcel of land containing 2 roods 11.5 perches, more or less, being portion of the land reclaimed from the sea known as Western Reclamation, which land is shown as Lot 1 and coloured green on the plan deposited in the office of the Lands and Survey Department at Auckland under Number SO 33281.

And, secondly, all that piece or parcel of land containing 1 acre 2 roods 6.9 perches, more or less, being portion of the land reclaimed from the sea known as Western Reclamation and including portion of Hamer Street adjoining Lots 67, 69, 71, 73, 74, 75, and 76 on a plan deposited in the Land Registry Office at Auckland under Number 27338, all of which land is shown as Lot 2 and coloured green on the plan deposited in the office of the Lands and Survey Department at Auckland under Number SO 33281.

Schedule 2

All that piece of land containing 1 rood 13.13 perches more or less, being Lots 28 and 29 of the reclamation from the sea known as Western Reclamation, as shown on a plan deposited in the Land Registry Office at Auckland under Number 27338, which piece of land is portion of the land comprised in certificate of title, Volume 599, folio 145 (Auckland Registry), and is shown coloured pink on a plan deposited in the office of the Lands and Survey Department at Auckland under Number SO 33281.

Schedule 3

All that piece of land containing 2 acres 18.4 perches, more or less, being Lots 13, 14, 15, 16, 17, 18, 19, 20, and 21, and Part 22 of the reclamation from the sea known as Western Reclamation, all the said lots being shown on a plan deposited in the Land Registry Office at Auckland under Number 27338, and being portions of lands comprised in certificates of title, Volume 599, folio 145, and Volume 599, folio 146 (Auckland Registry), all of the said lands being shown coloured yellow on the plan deposited in the office of the Lands and Survey Department at Auckland under Number SO 33281.

Schedule 4

All that piece of land containing 2 roods 31.45 perches, more or less, being part of Daldy Street, in the City of Auckland, which piece of land is bounded on the east by lots 31, 32, 33, 34, 35, 36, and 1 of Block VII, being part of lands comprised in certificate of title, Volume 764, folio 242 (Auckland Registry), and on the west by Block III, being land comprised in certificate of title, Volume 767, folio 234 (Auckland Registry), all of the said land being shown coloured blue on the plan deposited in the office of the Lands and Survey Department at Auckland under Number SO 33281.

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 Empowering Act 1944. The reprint incorporates all the amendments to the Act as at 31 October 1944, 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).

Auckland Harbour Board Empowering Act 1944