An Act to authorise the Napier Harbour Board to transfer to the Corporation of the City of Napier part of the Ahuriri Lagoon Reserve and to authorise and empower the Napier City Council to develop and subdivide such land for the purposes of making such land available for building sites and reserves

Preamble

Whereas, under the Napier Harbour Board Act 1874, certain lands were reserved and set aside for the use, benefit, and endowment of the Napier Harbour Board (in this Act referred to as the Board):

And whereas the land described in the Schedule is portion of such lands:

And whereas the Board, being desirous of subdividing certain of its lands situated within the boundaries of the City of Napier, has applied to the Napier City Council (in this Act referred to as the Council) for approval of such subdivision:

And whereas the Council and the Board have agreed that, pursuant to the provisions of section 351C of the Municipal Corporations Act 1954, the land described in the Schedule shall be set aside by the Board and vested in the Corporation of the City of Napier:

And whereas the Council is of the opinion that there is sufficient land already set aside for reserves and that it is desirable that the land described in the Schedule should be developed and subdivided for the purposes of making such land available for building sites as well as reserves.

1 Short Title

This Act may be cited as the Napier Harbour Board and Napier City (Inner Harbour) Subdivision Act 1966.

2 Special Act

This Act shall be deemed to be a special Act within the meaning of the Harbours Act 1950.

3 Authority to reclaim

(1) The Council is hereby authorised, notwithstanding anything in section 175 of the Harbours Act 1950, but subject to the provisions of sections 176 to 182 of that Act, to reclaim from the sea any part or parts of the area described in the Schedule.

(2) The Council may, in the name of and on behalf of the corporation, enter into any contract with any person for the construction of such reclamation or any part or parts thereof and for the execution of all or any works which may be necessary in connection with any such reclamation and for the other purposes of this Act on such terms and conditions as the Council may think fit.

4 Powers of Harbour Board

(1) The Board is hereby authorised and empowered to transfer to the Corporation of the City of Napier such portions of the lands described in the Schedule which are now or are from time to time reclaimed from the sea.

(2) Upon completion of any of the transfers as aforesaid the land so transferred shall be freed and discharged from all restrictions and reservations affecting the same at the date of the transfer.

5 Powers of Council

The Council is hereby authorised and empowered to develop and deal with the land described in the Schedule for the purpose of subdividing the same to provide building sites for sale and to sell or otherwise dispose of the same and to set apart such areas thereof for reserves as the Council may think fit.

6 Provisions of Municipal Corporations Act 1954

The provisions of section 351C of the Municipal Corporations Act 1954 shall not be applicable to the land described in the Schedule.

Schedule

All that piece of land situate in the Land Registration District of Hawke's Bay and City of Napier containing approximately 61 acres 3 roods, being Lot 1 on Deposited Plan 11351, being part of the Ahuriri Lagoon, and being part of the land comprised and described in certificates of title, HB Volume 58, folio 53, and Volume B2, folio 1055, Hawke's Bay Land Registry.

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 and Napier City (Inner Harbour) Subdivision Act 1966. The reprint incorporates all the amendments to the Act as at 20 August 1966, 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).

Napier Harbour Board and Napier City (Inner Harbour) Subdivision Act 1966