This Act may be cited as the Wellington Harbour Board Reclamation and Empowering Act 1972.

In this Act, unless the context otherwise requires,—

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

Whereas the piece of land described in Schedule 1 is part of certain land vested in the Hutt River Board, a Board duly constituted under the River Boards Act 1908, under and by virtue of a Proclamation published in Gazette, 1907, Vol II, at page 3287:

And whereas that land is subject to the provisions of the Hutt River Board (Gear Island) Empowering Act 1927:

And whereas it is expedient that the Hutt River Board should be authorised to sell to the Board the said piece of land:

Be it therefore enacted as follows:

The Hutt River Board is hereby authorised and empowered to sell the piece of land described in Schedule 1 to the Board, and thereupon the said piece of land shall cease to be subject to the provisions of the Hutt River Board (Gear Island) Empowering Act 1927.

The Board is hereby authorised and empowered, notwithstanding anything contained in section 175 of the Act, but subject to the provisions of sections 176 to 182 of the Act, to reclaim land constituting part of the Western Arm of the Hutt River, namely, the land described in Schedule 2.

The Board is hereby empowered to develop from time to time for such industrial, commercial, or other purposes whatsoever as the Board may think fit the land described in Schedules 1 and 2, or any part thereof, and for such purposes may—

• (a) subdivide and re-subdivide the same into allotments suitable for the purposes for which the same are to be developed:

• (b) construct or provide such public works and amenities as may be deemed necessary or desirable for the use, convenience, and enjoyment of such land including—

  • (i) the vesting, creation, or provision of streets, service lanes, access ways, rights of way, and other means of communication or access;

  • (ii) services for water supply, drainage, sewerage, electric lighting, power, gas, and all other amenities; and

  • (iii) all works necessary to comply with any lawful requirements of any local or public authority.

Nothing in sections 5 and 6 shall be construed as limiting—

• (a) the powers of the Director-General of Health or other proper officers of the Department of Health to make and issue directions and requisitions relating to the materials to be used on any reclamation under the authority of this Act and the methods of construction, covering, protection, and maintenance of such reclamation or in respect of any other matter authorised in the Health Act 1956 or in any other Act:

• (b) the application of the provisions of—

  • (i) the Public Works Act 1928;

  • (ii) the Town and Country Planning Act 1953; and

  • (iii) the Municipal Corporations Act 1954.

(1) In carrying out the reclamation and development authorised by sections 5 and 6, the Board shall make adequate provisions for the stormwater and tidal flows carried by the Western Arm of the Hutt River by means of piping, channelling, or other works.

(2) The adequacy of such provisions shall be agreed upon by the Board, the Petone Borough Council, the Lower Hutt City Council, and the Hutt River Board before the reclamation is commenced, or, failing agreement, shall be determined by the Town and Country Planning Appeal Board, on the application of any of the aforesaid local authorities, as if such application were an appeal against the decision of a Council under section 351BE of the Municipal Corporations Act 1954.

Nothing in section 5 or section 6 shall entitle the Board to create a nuisance or shall deprive any person of any right or remedy he would otherwise have against the Board or any other person in respect of any such nuisance, and no restriction or condition imposed by the Minister of Marine pursuant to section 178 of the Act or requisition or direction issued in accordance with paragraph (a) of section 7, whether or not the Board has complied with the same, shall restrict the liability of the Board for any such nuisance.

(1) Nothing in section 5 shall deprive any person of any right or remedy he would otherwise have in respect of any loss caused by the reclamation of land under that section.

(2) For the purposes of subsection (1), the term loss includes loss of property and any detriment, damage, or injury to property or person, whether that loss, detriment, damage, or injury is due to deprivation of or interference with the rights of any riparian owner or otherwise howsoever.

The Board is hereby empowered, notwithstanding anything contained in the Public Bodies Leases Act 1969, to call for tenders from the public for a lease of the land described in Schedules 1 and 2, or part thereof, upon such terms and conditions as the Board may decide, including a term or condition that the lessee carry out the reclamation of the area, or part thereof, and other works associated with the reclamation.

Whereas the Board, in respect of the land described in Schedule 3, is the registered proprietor of an estate in fee simple or pursuant to section 185 of the Harbours Act 1950 by special orders has been granted reclamation rights:

And whereas section 187 of the Harbours Act 1950 vests in the Board land reclaimed under the authority of such special orders:

And whereas the said land constitutes part of the Thorndon Wharf Development:

And whereas the Board desires to lease or has leased part of the land pursuant to the powers contained in section 144 of the Harbours Act 1950:

And whereas the land described in the said Schedule 3 has been defined as a wharf pursuant to the powers contained in section 190 of the Harbours Act 1950:

And whereas doubts have been expressed as to the powers of the Board to lease, pursuant to section 144 of the Harbours Act 1950, the said land:

And whereas it is desirable that the said doubts should be removed and that the Board should have power to so lease the whole or part of the said land:

Be it therefore enacted as follows:

Notwithstanding the provisions of the Harbours Act 1950 and the fact that the land described in Schedule 3 is defined as a wharf pursuant to the powers contained in section 190 of the Harbours Act 1950, the Board is hereby authorised and empowered and shall be deemed always to have been authorised and empowered to lease, pursuant to the powers contained in section 144 of the Harbours Act 1950, the whole or any part of the said land.