Preamble

WHEREAS it is considered desirable to amend the Napier Harbour Board and Napier Borough Enabling Act 1945, in order to remove certain doubts which have arisen, and to confer additional powers upon the Napier Harbour Board and the Napier Borough Council:

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 Napier Harbour Board and Napier Borough Enabling Amendment Act 1949, and shall be read together with and deemed part of the Napier Harbour Board and Napier Borough Enabling Act 1945 (hereinafter referred to as the principal Act).

2 Clarifying powers conferred by section 4 of principal Act

The powers and authorities conferred on the Board and the Council by section four of the principal Act shall be deemed to include, and always to have included, power to enter into any agreement or agreements altering or varying, by consent of the parties, any agreement or agreements from time to time entered into between the Board and the Council pursuant to the powers conferred by the said section four or pursuant to the powers hereby conferred.

3 Amending section 7(3) of principal Act

The proviso to subsection three of section seven of the principal Act shall not apply to those portions of the land described in the Schedule hereto in respect of which the Board and the Council may from time to time agree in writing under seal that the proviso to the said subsection shall not apply.

Schedule

ALL that land in the Hawke's Bay Land District, containing approximately one hundred and sixteen acres (116 acres), being Part Te Whare-o-Maraenui Block and Part Ahuriri Lagoon Reserve, Block IV, Heretaunga Survey District, bounded as follows: commencing at a point where the left bank of the old Tutaekuri River bed intersects with north-western side of Taradale Road, and proceeding in a general westerly direction along the left bank of the old Tutaekuri River bed for a distance of approximately 4950 links; thence in a south-westerly direction for a distance of 1750 links on a bearing of 195° 30′ and a distance of approximately 1056 links on a bearing of 223° 56′; thence in a south-easterly direction for a distance of 2448 links on a bearing of 137° 39′ to the north-western side of Taradale Road; thence generally in a north-easterly direction along the north-western side of Taradale Road for a distance of approximately 6220 links, to the point of commencement: as the same is delineated on plan marked MD 8791, deposited in the office of the Marine Department, at Wellington, and thereon edged red.

Except where the above lines follow actual road-lines, the bearings and distances are approximate only and subject to correction after survey.

Napier Harbour Board and Napier Borough Enabling Amendment Act 1949