An Act to empower the Auckland City Council to grant permission for part of the air space above its parking place facing onto Clonbern Road, Remuera, to be used for shops and offices

Preamble

Whereas the body corporate of the Mayor, Councillors and Citizens of the City of Auckland (hereinafter called the Corporation) is the owner of the several pieces of land described in the Schedule with frontage to Clonbern Road in its district: And whereas the said land was acquired by the Corporation for the purpose of a parking place in terms of section 177 of the Municipal Corporations Act 1954 (hereinafter called the Act):

And whereas the said land is now, and for some years past has been, used by members of the public for that purpose: And whereas the Corporation is the owner of other pieces of land in the immediate vicinity of the parking place:

And whereas in the year 1970 the Corporation decided to sell by public tender the right to lease the air space above the land comprising the parking space and to lease parts of its other properties to form part of an intended comprehensive redevelopment of the shopping area on the south side of Remuera Road immediately opposite its intersection with Victoria Avenue and lying between Clonbern Road and St Vincents Avenue, or of such portion of that shopping area as the successful tenderer might be able to place under his own control for that purpose:

And whereas it was provided in the Corporation's invitation to tender that the Corporation would seek such legislative authority as might be needed before the successful tenderer could make use of the air space above the parking place, the nature of the legislation to be governed by the form and design of his development plan:

And whereas a tender has been accepted by the Corporation:

And whereas the successful tenderer proposes at its own expense to erect a building in the air space above the parking place that will be used principally for the additional public parking facilities rendered necessary by its own redevelopment proposals but it also intends that a part of this building shall as well be available for letting for commercial purposes:

And whereas the adjusted ground level of the parking place after the erection of the building will continue to be available as a public parking place under the control of the Corporation to the same extent and in the same manner as now apply with due allowance for columns to support the building:

And whereas the combined effect of subsection (8) of the said section 177 and of section 360 of the Act is to prohibit the Corporation from leasing to the successful tenderer any portion of the air space above the parking place if the successful tenderer wishes to erect a building therein, and if a portion thereof is to be used for a purpose other than a parking place:

And whereas it is desirable that the Corporation's powers of leasing under subsection (8) of the said section 177 should, in the circumstances as so described, be extended to enable the Corporation to grant permission to the successful tenderer, as lessee, to use or to make available parts of the building for shops and offices to an extent that would not infringe the limitations imposed by the proviso to the said section 360.

1 Short Title

This Act may be cited as the Auckland City Council (Remuera Shopping Development) Empowering Act 1975.

2 Leasing of air space above Auckland Council's parking place facing onto Clonbern Road

Notwithstanding anything to the contrary in the Act the Auckland Council may, as a term of any lease lawfully granted of the air space above the land described in the Schedule, require or permit the lessee to erect at the lessee's expense a building therein to be used principally as a parking place available for use by members of the public, and any such lease may contain a clause enabling the lessee, with the consent of the Auckland Council, to make provision therein for shops or offices:

provided that it shall only be lawful for the Auckland Council to grant such consent if the provision to be made for shops or offices will not be to an extent that would render the building less suitable for its principal purpose of a parking place, or would otherwise make its principal purpose the provision of shops or offices.

Section 2 heading: amended, on 1 November 2010, by section 113(1) of the Local Government (Auckland Transitional Provisions) Act 2010 (2010 No 37).

Section 2: amended, on 1 November 2010, by section 113(1) of the Local Government (Auckland Transitional Provisions) Act 2010 (2010 No 37).

Section 2 proviso: amended, on 1 November 2010, by section 113(1) of the Local Government (Auckland Transitional Provisions) Act 2010 (2010 No 37).

3 Act subject to Town and Country Planning Act 1953

Nothing in this Act shall in any way prejudice, alter, or restrict the powers, rights, or obligations of any person under the Town and Country Planning Act 1953, and the provisions of this Act shall be read subject to that Act.

s 2

All that piece of land containing 2 896 square metres more or less situated in Block I Otahuhu Survey District being Parts Lots 4, 5, 7, 84 and 85 DP 3576, Part Lots 1 and 2 DP 48318 and Part Lot 1 DP 20189. All certificates of title 320/154, 143/246 and 19D/1099. As the same is more particularly delineated on plan numbered SO 49841 deposited in the office of the Chief Surveyor Auckland, and thereon marked A.

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 City Council (Remuera Shopping Development) Empowering Act 1975. The reprint incorporates all the amendments to the Act as at 1 November 2010, 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).

5 List of amendments incorporated in this reprint (most recent first)

Local Government (Auckland Transitional Provisions) Act 2010 (2010 No 37): section 113(1)

Auckland City Council (Remuera Shopping Development) Empowering Act 1975