Cities of Takapuna and Waitemata (Upper Harbour Bridge) Empowering Act 1976: repealed, on 1 November 2010, by section 113(1) of the Local Government (Auckland Transitional Provisions) Act 2010 (2010 No 37).

Note

Changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in this eprint.

A general outline of these changes is set out in the notes at the end of this eprint, together with other explanatory material about this eprint.

Title

Preamble

6 Provisions of the Municipal Corporations Act 1954 applicable to bylaws

7 Liability for damage to bridge

8 Expiry

An Act to provide for the vesting, maintenance, and control of the bridge across the Waitemata Harbour connecting the Cities of Takapuna and Waitemata

Preamble

Whereas the former Waitemata County Council with the approval of the then Minister of Marine under section 178(b) of the Harbours Act 1950 commenced the construction of a bridge across the Waitemata Harbour between the area generally known as Greenhithe and the area generally known as Hobsonville which said areas were then within the district of the former Waitemata County: And whereas as a result of Orders in Council dated the 22nd day of July 1974 the said county was abolished and as a consequence the said area of Greenhithe is now within the City of Takapuna and the said area of Hobsonville is within the City of Waitemata: And whereas by agreement between the Councils of the said Cities the construction of the said bridge has been completed by the Waitemata City Council: And whereas with the abolition of the said former County of Waitemata the bridge is not in the district of any particular local authority: And whereas the said bridge having been completed and being in use as a street as defined in section 169(5) of the Municipal Corporations Act 1954 it is desirable that provision be made as to the ownership or vesting of the bridge for the maintenance and control thereof:

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 Cities of Takapuna and Waitemata (Upper Harbour Bridge) Empowering Act 1976.

2 Interpretation

In this Act, unless the context otherwise requires,—

bridge means the bridge across the upper reaches of the Waitemata Harbour having its eastern end at Greenhithe and its western end at Hobsonville

maintenance includes maintenance, inspection, and repairs to the bridge sub-structure including fender piles and super-structure; the maintenance, repair, and renewal of the road surface of the bridge and abutment footpaths; the provision and maintenance of street and navigational lighting on the bridge; the provision and maintenance of any emergency communication service on the bridge to a control point either within or outside the districts of the said Cities; and the provision and maintenance of any necessary hazard signs for the safety of the public.

3 Vesting of bridge

The bridge and the street which passes thereover are hereby declared to be vested jointly in the Corporation of the City of Takapuna and the Corporation of the City of Waitemata.

4 Maintenance

(1) The Waitemata City Council shall be responsible for the maintenance of the bridge and shall be entitled to recover from the Takapuna City Council half of the cost incurred by the Waitemata City Council in carrying out its obligation to maintain the bridge.

(2) The said Councils shall enter into an agreement relating to the manner in which financial provision shall be made within their respective estimates for each financial year for the said maintenance.

5 Control

(1) The said Councils 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 the bridge from damage or injury and providing for the liability of persons causing any damage or injury to the bridge:
- (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 of any noxious or dangerous goods or anything which may cause pollution in the Waitemata Harbour:
- (d) regulating the speed of traffic crossing the bridge:
- (e) regulating the weights and types of vehicles which may use the bridge:
- (f) regulating or prohibiting the stopping of vehicles on the bridge:
- (g) regulating or prohibiting the passage of loose horses, cattle, sheep, pigs, or other animals on or over the bridge:
- (h) regulating or prohibiting the passage of pedestrians, cyclists, or ridden or led horses on or over the bridge:
- (i) generally for regulating the travelling upon, the using of, and the proper and efficient control and management of the bridge.
(2) Nothing in subsection (1) of this section shall prevent the said Councils from making bylaws for such other purposes as they may be authorised to make under any other statute or statutory regulation.

6 Provisions of the Municipal Corporations Act 1954 applicable to bylaws

The provisions of sections 392 to 397 of the Municipal Corporations Act 1954 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 397A of that Act.

7 Liability for damage to bridge

Every person who damages the bridge shall be liable for the amount of that damage which may be recovered in any Court of competent jurisdiction at the suit of one or both of the said cities, and if such damage is done wilfully that person also commits an offence and shall be liable on summary conviction to a fine not exceeding $500.

8 Expiry

(1) The provisions of this Act as to maintenance and control shall cease to apply if the bridge and the street passing over it are declared to be a State highway under the provisions of the National Roads Act 1953, or if the bridge and the street passing over it shall be declared to be a regional road under the provisions of the Auckland Regional Authority Act 1963 or a regional road under the provisions of the Local Government Act 1974.

(2) In the event of any declaration making the said bridge and the street passing over it a State highway under the provisions of the National Roads Act 1953 or of any declaration making the said bridge and the street passing over it a regional road under the provisions of the Auckland Regional Authority Act 1963 or a regional road under the provisions of the Local Government Act 1974 being revoked, the provisions of this Act as to maintenance and control of the said bridge and the street passing over it shall thereupon be revived and continue in full force and effect as if any such declaration had not been made.

1General
2About this eprint
3List of amendments incorporated in this eprint (most recent first)

Notes

1 General

This is an eprint of the Cities of Takapuna and Waitemata (Upper Harbour Bridge) Empowering Act 1976. The eprint incorporates all the amendments to the Act as at 1 November 2010. The list of amendments at the end of these notes specifies all the amendments incorporated into this eprint since 3 September 2007.

Relevant provisions of any amending enactments that contain transitional, savings, or application provisions that cannot be compiled in the eprint are also included, after the principal enactment, in chronological order.

2 About this eprint

This eprint has not been officialised. For more information about eprints and officialisation, please see http://www.pco.parliament.govt.nz/eprints/ .

3 List of amendments incorporated in this eprint (most recent first)

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

Cities of Takapuna and Waitemata (Upper Harbour Bridge) Empowering Act 1976