This Act may be cited as the Bay of Plenty Harbour Board (Sulphur Point) Vesting and Empowering Act 1981.

In this Act, unless the context otherwise requires,—

This Act is a special Act within the meaning of the Harbours Act 1950.

(1) Those parts of the land described in the Schedule which, immediately before the commencement of this Act, were vested in the Crown are hereby vested in the Board for an estate in fee simple.

(2) The District Land Registrar for the South Auckland Land Registration District, on receipt of written notice from the Minister of Transport that the whole or any defined part of the land described in the Schedule has been effectively reclaimed from the sea and on the deposit of such plans as he may require, may issue a certificate of title in the name of the Board for the said land or part of the said land, as the case may be.

(3) Amendment(s) incorporated in the Act(s).

(1) For the purposes of this Act the term Tauranga Marina means and includes those areas of land, foreshore, bed of the sea, and water space, first described in the Schedule.

(2) Nothing in this Act shall prevent or affect any present or future use of any part or parts of the Tauranga Marina for harbour purposes.

Subject to Part 20 of the Local Government Act 1974, the Board may develop and redevelop from time to time the whole or any parts of the Tauranga Marina for the purposes of a boat harbour and may, subject to the Harbours Act 1950, carry out all such works as may be necessary for that purpose, and all such works shall be deemed to be harbour works for the purposes of the Harbours Act 1950.

(1) The Board may exercise the powers conferred on it by section 156 of the Harbours Act 1950 to license and permit any part or parts of the Tauranga Marina or any building, structure, or facility therein, to be used or occupied for boat harbour purposes, and in respect of any such licence the provisions of that section shall be deemed to be enlarged accordingly and any provisions of that section or of any other section of the Harbours Act 1950 which are inconsistent shall be deemed to be modified to the extent necessary to give effect to this section.

(2) Any licence granted pursuant to subsection (1)—

• (a) may be for any period not exceeding 21 years or for an initial period including a right or rights of renewal which will not in the aggregate exceed 21 years, provided that the period may be extended beyond 21 years, but not exceeding 50 years, if the Board is satisfied that special circumstances exist requiring or justifying a longer term:

• (b) may grant the right of exclusive use of the water space of any marina berth or pile mooring or the site of a swing mooring:

• (c) shall be construed as a licence, any rule of law to the contrary notwithstanding:

• (d) may provide for payment of service fees and for rentals and for those charges to be payable in advance and shall not be deemed in contravention of anything contained in section 118 of the Harbours Act 1950:

• (e) shall contain provisions regulating, controlling, or prohibiting the trading or the assignment of licences or other authorities conferring the right to use or occupy marina berths or pile or swing moorings or the sites thereof:

• (f) may be granted notwithstanding that the licensed rights may interfere with or restrict any public right of navigation or the public convenience.

(3) Should the Board, pursuant to section 161 of the Harbours Act 1950, revoke any licence in respect of the Tauranga Marina granted or agreed to before or after the passing of this Act and which provides for refund of rental or fee paid in advance in certain events, then notwithstanding the provisions of the said section 161, the Board shall make to the licensee such refund as is provided for in the licence as if the revocation was such an event.

(1) The Board may in respect of the whole or any part of the land now or hereafter comprised in the Tauranga Marina exercise all or any leasing powers conferred on the Board under the Harbours Act 1950, the Public Bodies Leases Act 1969, or any other Act and, notwithstanding anything to the contrary contained in those Acts or any of them—

• (a) the Board, with the prior written approval of the Minister of Transport, may let such lands for boat harbour purposes on any tenancy or lease not specified in those Acts, whether as to the term granted, or any right or rights or renewal, or the terms or aggregate duration thereof, or as to the manner in which the rent is to be determined on the grant of the lease or on any renewal thereof, or as to any other terms or conditions whatsoever:

• (b) the Board may accept a surrender of any such lease whether as to the whole or to any part of the land comprised therein, and grant to the lessee, or any person or persons with the consent of the lessee, a new lease or new leases of the whole part or any parts of the land comprised in the surrendered lease for the remainder or any part of the remainder of the term of the surrendered lease, at such rent as may be pre-determined for the new lease or new leases in the surrendered lease, or, if no such rent is pre-determined, at such rent as the Board may determine, with such right or rights of renewal and on such terms and conditions as are contained in the surrendered lease or as the Board may otherwise think fit.

(2) Sections 8, 18, and 19 of the Public Bodies Leases Act 1969 shall not apply to the leasing by the Board or to any lease granted by the Board of the whole or any part or parts of such land pursuant to this section.

(1) Notwithstanding anything contained in any other enactment, the Board is hereby authorised to transfer to the Council and the Council is authorised to accept, the land secondly and fourthly described in the Schedule to be vested in the Council as reserves for recreation purposes.

(2) Notwithstanding anything contained in any other enactment, the land so transferred shall be in full satisfaction of all reserve or reserve fund contributions of all types required under the Local Government Act 1974 to which Her Majesty the Queen, the Council, or any other local authority may be entitled in respect of any subdivision, whether past, present, or future, carried out by the Board at any time within the area first and fifthly described in the Schedule.

(3) The Board is hereby authorised to transfer to the Council for dedication as road the area thirdly described in the Schedule, and upon the Council constructing such road the Board is authorised to pay to the Council such proportion of the cost of construction as the Board and the Council may agree.

Nothing in this Act shall be construed as—

• (a) limiting the application of—

  • (i) the Health Act 1956;

  • (ii) the Water and Soil Conservation Act 1967;

  • (iii) except as otherwise provided in this Act, the Local Government Act 1974; or

  • (iv) the Town and Country Planning Act 1977:

• (b) conferring any water right within the meaning of the Water and Soil Conservation Act 1967.

Nothing in this Act shall deprive any person of any right or remedy he would otherwise have in respect of any loss, detriment, damage, or injury caused by any development or work constructed or carried out under the authority of this Act, whether to property or person and whether in respect of the deprivation of any water frontage or riparian rights or otherwise howsoever.