An Act to authorise the Northland Harbour Board to have industrial premises erected and to borrow money for such purpose and to deal with such premises

BE IT 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 Northland Harbour Board Empowering Act 1978.

2 Interpretation

In this Act “Board” means the Northland Harbour Board.

3 Power to have industrial premises erected

It shall be lawful for the Board to have industrial premises erected on the land described in the Schedule to this Act and to undertake works ancillary to such industrial premises.

4 Power to borrow

It shall be lawful for the Board, from time to time as it may require, to borrow, subject to the provisions of the Harbours Act 1950 and the Local Authorities Loans Act 1956, money for the purposes set out in section 3 of this Act.

5 Refund to Harbour Fund Account

The Board is hereby authorised to refund to its Harbour Fund Account, from money borrowed under authority of this Act, the amount of any money expended, whether before the passing of this Act or within 6 months thereafter, for the purposes specified in sections 3 and 4 of this Act, and any amount so refunded shall be deemed to have been applied or expended for that purpose.

6 Power to lease or sell industrial premises

(1)

Notwithstanding anything contained in the Harbours Act 1950 or in any other Act it shall be lawful for the Board—

(a)

To lease by private contract or otherwise the said industrial premises or any part thereof on such terms and conditions and at such rental or rentals as are approved by the Board:

(b)

To sell by private contract or otherwise the said industrial premises or any part thereof on such terms and conditions as are approved by the Board.

(2)

It shall be lawful for the Board on leasing or selling the said industrial premises or any part thereof as aforesaid to lease or sell to the lessee or purchaser of the said industrial premises or part thereof the land described in the Schedule hereto or any part thereof on such terms and conditions as are approved by the Board.

7 Application of Public Bodies Leases Act 1969

Sections 8, 9, 18, and 19 of the Public Bodies Leases Act 1969 shall not apply to any lease or renewal of the lease granted by the Board pursuant to this Act; and any other provision of that Act which is inconsistent with the provisions of this Act shall be deemed to be modified to the extent of such inconsistency.

8 Application of Land Settlement Promotion and Land Acquisition Act 1952

The provisions of the Land Settlement Promotion and Land Acquisition Act 1952 shall not apply to the leasing by the Board of the land described in the Schedule hereto or any part thereof or to any lease, sale, or other disposition of such land pursuant to this Act.

9 Validating prior agreement

Any agreement entered into by the Board before the commencement of this Act which relates to the land described in the Schedule to this Act and which would have been valid if entered into after the passing of this Act shall be deemed to have been entered into pursuant to the powers and authority contained in this Act.

10 Other Acts not affected

Nothing in this Act shall in any way be construed as limiting or affecting in any way the application of the provisions of—

(a)

The Town and Country Planning Act 1977:

(b)

The Municipal Corporations Act 1954:

(c)

The Water and Soil Conservation Act 1967:

(d)

The Local Government Act 1974.

Schedule North Auckland Land District—Whangarei City

Part Te Wharauroa No. 1 Block situated in Block IX, Whangarei Survey District: Area 13.6755 ha more or less (S.O. 52927) being all the land comprised and described in certificate of title 1038/300 (limited as to parcels).

Northland Harbour Board Empowering Act 1978