This Act may be cited as the Tauranga City Council and Mount Maunganui Borough Council (Tauranga Harbour Bridge) Empowering Act 1972.

In this Act, unless the context otherwise requires,—

This Act shall be deemed to be a special Act for the purposes of the Harbours Act 1950.

(1) The City Council, the Borough Council, and the Harbour Board shall each have, and shall each be deemed always to have had, all such powers as are necessary or expedient for giving effect to the purposes of this Act.

(2) Without limiting the generality of subsection (1), the City Council, the Borough Council, and the Harbour Board shall each have, and shall each be deemed always to have had, the following powers:

• (a) to unite, pursuant to section 239 of the Local Government Act 1974, for the purposes of this Act:

• (b) to unite, pursuant to section 105 of the Local Government Act 1974, in appointing a joint standing or special committee for the purposes of this Act:

• (c) to enter into the deed set out in the Schedule, and to do all such acts and things as are necessary or expedient for giving effect to the deed:

• (d) to agree to amend the deed set out in the Schedule:

• (e) subject to the Local Authorities Loans Act 1956, to borrow money for the purposes of the construction, maintenance, and operation of the bridge:

• (f) to pay money towards the construction, maintenance, and operation of the bridge, including the payment of interest and other debt charges.

The provisions of section 63 of the Municipal Corporations Act 1954 shall apply in respect of any joint committee appointed, for the purposes of this Act, under section 68 of the Municipal Corporations Act 1954 as if references in the said section 63 to the Council were read as references to the united Authorities:

provided that any joint committee so appointed may institute an action for the recovery of any unpaid toll that is payable under section 19.

(1) Subject to the provisions of this Act and to the provisions of sections 176 and 178 of the Harbours Act 1950, the united Authorities are hereby authorised and empowered to construct, maintain, manage, and control a bridge across the Tauranga Harbour to be sited within that portion of the harbour lying between a line from the intersection of Dive Crescent with the Strand to the southernmost extremity of the Tauranga Aerodrome property (being map coordinates 647597 to 672597 on sheet N 58 of the NZMS I series), and a line generally from the northern end of Mirrielees Road, Tauranga to Aerodrome Wharf, Mount Maunganui (being map coordinates 645609 to 656611 on sheet N 58 of the NZMS I series):

provided that, if any site within the said portion of the harbour does not conform to the site recommended by the Tauranga Area Transportation Survey (as adopted by the constituent local authorities and the National Roads Board), the united Authorities shall abandon the first-mentioned site and may construct the bridge at the site recommended by the said survey (as so adopted).

(2) For and in connection with the provision of the bridge and incidental to the objects of this Act, the City and Borough Councils may jointly or severally—

• (a) take in the manner provided by the Public Works Act 1928, or purchase, or otherwise acquire, any land or buildings in or near to their respective districts:

• (b) utilise any land or buildings that may lawfully be appropriated for the purpose:

• (c) erect any structure necessary or conveniently to be used in or about the execution of the objects and powers contained or implied in this Act.

(1) For the purpose of enabling the united Authorities to construct the bridge, the Harbour Board may grant to the united Authorities perpetual easements over or licences to occupy any land vested in the Board.

(2) For the purpose of constructing embankments and making reclamations authorised under this Act, the united Authorities may take spoil from the foreshore or bed of the Tauranga Harbour at such places in the vicinity of the bridge, and subject to such conditions, as may be approved in that behalf by the Harbour Board, in respect of foreshore and harbour bed vested in the Board, and by the Minister of Lands in respect of harbour bed owned by the Crown.

(3) The united Authorities shall indemnify and keep indemnified the Harbour Board and the Crown against all claims, demands, costs, actions, and proceedings whatsoever arising from the taking of spoil under subsection (2).

Nothing in section 6 shall in any way affect or interfere with the control and jurisdiction of the Harbour Board over any land vested in the Board except so far as any such control and jurisdiction may be necessarily restricted by reason of the existence of the bridge; and it shall not be lawful for the united Authorities or any other person to prevent, hinder, or in any way interfere with any such control and jurisdiction, or with the passage or repassage of any ship or vessel under the bridge.

(1) The united Authorities shall as soon as practicable after the commencement of this Act, cause to be prepared complete plans and specifications of the bridge and conditions of contract in respect of the construction of the bridge.

(2) Copies of all such plans and specifications and conditions of contract shall be prepared, and 2 copies of each shall be forwarded to the Minister of Works, the Minister of Marine, the Harbour Board, the City Council, and the Borough Council.

(1) Subject to the provisions of this section, each local authority referred to in subsection (2) of section 8 shall either approve or disapprove the plans, specifications, and conditions of contract forwarded to it in accordance with that section.

(2) The said local authorities shall have the right to approve or disapprove any such plans and specifications only to the following extent:

• (a) as to the Harbour Board, in respect of such matters as concern or affect the general design, strength, and safety of the bridge insofar as safeguarding the Tauranga Harbour for shipping and navigation generally is concerned:

• (b) as to the City Council, in respect of matters relating to that portion of the bridge proposed to be constructed in the City of Tauranga, and in respect of the provision of adequate continuous approaches to the bridge, the provisions made for the speedy and safe handling of traffic crossing the bridge, and the provisions made for further connections of streets with the western end of the bridge:

• (c) as to the Borough Council, in respect of matters relating to that portion of the bridge proposed to be constructed within the Borough of Mount Maunganui, and in respect of the provision of adequate continuous approaches to the bridge, the provisions made for the speedy and safe handling of traffic crossing the bridge, and the provisions made for further connections of streets with the eastern end of the bridge.

(3) On the Harbour Board, the City Council, and the Borough Council, being satisfied with the said plans, specifications, and conditions of contract, they shall forthwith notify the united Authorities of their approvals.

Subject to the provisions of this Act, in the exercise and performance of their powers and functions under this Act, the united Authorities shall comply with the provisions of the Harbours Act 1950.

If the united Authorities, whether pursuant to a direction of the Minister of Works or the Minister of Marine or otherwise, make any alteration or variation in any plans, specifications, or conditions of contract approved under section 9, they shall cause the amended plans, specifications, or conditions of contract to be submitted to the local authorities by which they were approved and the provisions of sections 8 and 9 shall, with the necessary modifications, apply thereto.

No work in connection with the construction of the bridge shall be commenced until the plans, specifications, and conditions of contract have been finally approved by the local authorities referred to in subsection (2) of section 8, by the Minister of Marine in accordance with the Harbours Act 1950, and by the Minister of Works.

(1) Nothing in this Act shall be construed as limiting the application of the provisions of the Public Works Act 1928, the Reserves and Domains Act 1953, or the Town and Country Planning Act 1953.

(2) Without limiting the provisions of section 439 of the Maori Affairs Act 1953, nothing in this Act shall be construed as authorising the taking or other acquisition of any land comprised within a Maori reservation set apart under that section.

The united Authorities and their servants or contractors shall at all times comply with all reasonable requests, stipulations, and requirements of the Harbour Board for the purpose of ensuring that the works of the united Authorities will not needlessly interfere with shipping and navigation, nor endanger the embankments, breakwaters, wharves, and works situated in the Tauranga Harbour, nor cause detriment to the harbour bed or to the tidal flow and ebb in the harbour.

If the united Authorities do or permit to be done any act or fail to prevent any act being done which the Harbour Board considers to be a breach of the provisions of section 14, the Board shall forward particulars of the matters complained of to the Minister of Marine who may deal with any such complaints in the manner provided by the Harbours Act 1950.

If the Harbour Board is of the opinion that any act or default of the united Authorities is of such a serious nature that the delay that would be caused by the compliance by the Board with the provisions of section 15 might result in serious damage, personal injury, loss of property, or interference with navigation, the Board may forthwith take such reasonable steps as it deems necessary to prevent any such damage or loss being sustained; and all costs incurred by the Board in doing so shall be recoverable from the united Authorities.

The united Authorities shall at all times while the bridge is being constructed and after the bridge has been completed ensure that the bridge is adequately lighted so as to provide for the safety of vehicular and pedestrian traffic using the bridge and for the safety of ships and aircraft in the vicinity of the bridge.

(1) The cost of constructing the bridge shall be paid from money received by the united Authorities for the purposes of the bridge or borrowed by the City Council, the Borough Council, and the Harbour Board for that purpose.

(2) For the purposes of this section the Harbour Board shall be deemed to be a local authority to which section 22 of the Local Authorities Loans Act 1956 applies.

(3) Subject to section 30 of the Local Authorities Loans Act 1956, all preliminary expenses, costs of raising loans, and interest on loans raised before the receipt of revenue from the bridge shall be paid, repaid, or reimbursed by the united Authorities from money received by the united Authorities for the purposes of the bridge or from loan money in accordance with any conditions imposed by the Minister of Finance when giving his consent under section 3 of the said Act.

(4) Except as provided in subsection (3), the costs of maintaining and operating the bridge (including the amount of all sinking funds, interest, and other debt charges payable in respect of money borrowed) shall be paid from revenue derived by the united Authorities from tolls, from other charges authorised by this Act, and from other money received by the united Authorities for the purposes of the bridge.

(5) All money received by the City Council or the Borough Council or the Harbour Board for the purposes of the bridge shall be deemed to have been received by the united Authorities and shall be held and applied accordingly.

(1) For the purpose of paying costs, charges, and expenses incurred by them under this Act, the united Authorities shall collect tolls in accordance with the provisions of this Act in respect of the use of the bridge.

(2) For the purpose of collecting tolls the united Authorities may construct such toll gates, toll houses, and other works as they consider necessary.

(3) If the united Authorities propose to construct any work under this section on any road or street under the control of a local authority, the united Authorities shall obtain the approval of the local authority before commencing the work.

(4) Tolls payable under this Act shall be at such rate or rates and shall be payable in respect of such persons and vehicles as may from time to time be prescribed by bylaws under this Act.

(5) The scale of tolls for the time being in force shall be clearly exhibited in a conspicuous place at or near the place where the toll is payable.

(6) Every person who is in charge or control of any vehicle in respect of which a toll is payable shall be liable for the payment of the toll, and if any person refuses or neglects to pay a toll payable under this Act the united Authorities may refuse to allow that person to cross or enter on to the bridge or may recover as a debt from that person the amount of the toll, together with all expenses involved in the collection of the toll.

(1) No toll shall be payable by or in respect of any of the following persons or in respect of any vehicle engaged solely in carrying any such person, namely:

• (a) the Governor-General and every person in attendance on him:

• (b) every member of any of the armed forces of Her Majesty when on duty or going to or returning from duty and in the uniform of his corps:

• (c) every constable on duty, and every prisoner in his custody, and every traffic officer on duty:

• (d) any Minister or any officer or servant of the Crown whilst engaged on business connected with the bridge or with the administration of this Act:

• (e) servants of the Crown engaged in the distribution of Her Majesty's mail:

• (f) such other persons as may be prescribed in bylaws made under this Act.

(2) Tolls shall not be payable in respect of fire engines and vehicles used for the extinction of fires, or in respect of ambulances, or in respect of the drivers or occupants of any such vehicles.

(1) The City Council and the Borough Council may from time to time join in making such bylaws, not inconsistent with this Act or with any other Act, as they think fit for all or any of the following purposes:

• (a) protecting any property belonging to the united Authorities, or controlled by the united Authorities, from damage or injury:

• (b) conserving public health, safety, and convenience, and preventing and abating nuisances on the bridge:

• (c) regulating and preventing the taking on to or over the bridge any noxious or dangerous goods or anything which may cause pollution in the Tauranga Harbour:

• (d) regulating the speed of traffic crossing the bridge:

• (e) regulating the weights of vehicles which may use the bridge:

• (f) fixing the amounts of and levying and collecting tolls in respect of the use of the bridge in respect of 1 or both directions of travel:

• (g) regulating or prohibiting the passage of loose horses, cattle, sheep, pigs, or other animals over the bridge:

• (h) generally for regulating the travelling upon, the using of, and the proper and efficient control and management of the bridge.

(2) The following special provisions shall apply to every proposed bylaw affecting or likely to affect in any way the navigation or control of the Tauranga Harbour:

• (a) a copy of every such bylaw shall be submitted to the Harbour Board for its approval at least 14 days before the meeting convened for the purpose of confirming the resolution making the bylaw:

• (b) every such proposed bylaw shall be considered by the Harbour Board, and unless objection thereto is made by it within 7 days after the receipt thereof, the bylaw shall be deemed to be approved by the Harbour Board:

• (c) if the proposed bylaw is not approved by the Harbour Board the matter shall be submitted to arbitration under section 24:

• (d) no such proposed bylaw shall be made unless it has been approved by the Harbour Board in accordance with this subsection.

(3) Except as may be otherwise provided in the bylaw, every bylaw made pursuant to this section shall apply in respect of the whole bridge, and shall be enforceable by any one of the City Council, the Borough Council, or the Harbour Board notwithstanding that the alleged breach of the bylaw may have occurred on any part of the bridge not within the district of that local authority.

The provisions of sections 681 to 683, 687, 689, 690A, and 692 of the Local Government Act 1974, with the necessary modifications, shall apply in respect of bylaws made or to be made under the authority of this Act as if they had been made or were to be made under and pursuant to the powers contained in section 690 of that Act.

(1) The provisions of the Local Government Act 1974 and of the regulations in force under that Act relating to the keeping of financial records, the keeping of accounts, and the custody and payment of money, with the necessary modifications, shall apply in respect of the keeping of financial records and accounts and the custody and payment of money by the united Authorities in respect of the bridge.

(2) Within 6 months after the end of each financial year the united Authorities shall prepare such financial statements as are necessary to show fully the financial position in respect of the bridge and the financial results of the operation of the bridge during that financial year.

The Harbour Board shall be entitled to recover from the united Authorities any additional costs of piloting vessels in the Tauranga Harbour that are incurred by the Board due to the existence of the bridge.

All disputes arising from time to time between the united Authorities and any local authority as to the carrying out and observance of any of the provisions of this Act shall be referred to arbitration in accordance with the provisions of clause 8 of the deed set out in the Schedule and any amendments to that clause made in accordance with clause 7 of that deed.

Every person commits an offence against this Act and shall be liable on conviction to a fine not exceeding $100 who without lawful excuse acts in contravention of or fails to comply in any respect with any provision of this Act or of any regulations or bylaws for the time being in force under this Act.

The Governor-General may from time to time, by Order in Council, make regulations providing for such matters as are contemplated by or necessary for giving full effect to this Act and for its due administration.