Harbour Boards Dry Land Endowment Revesting Act 1991

1: Short Title
This Act may be cited as the Harbour Boards Dry Land Endowment Revesting Act 1991.
2: Interpretation
In this Act, unless the context otherwise requires,— Chief Surveyor Survey Act 1986 controlling authority
a: in relation to any land specified in Part A
b: in relation to any land specified in Part B
c: in relation to any land specified in Part C Harbour Board Harbours Act 1950 local authority Local Government Act 2002 Minister successor Part 2B Treaty of Waitangi Treaty section 2 Section 2 local authority substituted 1 July 2003 section 262 Local Government Act 2002
3: Treaty of Waitangi
All persons exercising functions and powers under this Act shall have regard to the principles of the Treaty of Waitangi (Te Tiriti o Waitangi)
4: Land to be revested in the Crown or held by local authority as reserve
1: Notwithstanding anything in the Local Government Act 1974 or the Local Government Act 2002 subsections (2) to (8)
a: declare any area of land specified in Part A
i: to be revested in the Crown and held for conservation purposes and such other purpose or purposes under the Conservation Act 1987
ii: to be a reserve and to be classified for such purposes under the Reserves Act 1977
b:
c: declare any area of land specified in Part C Reserves Act 1977
2: Any strip of land not exceeding 20 metres in width that is revested in the Crown by an Order in Council made under subsection (1)﻿(a) may be declared by the order to be held as a marginal strip for the purposes of the Conservation Act 1987
3: Where any land is declared under subsection (1) or subsection (2) to be held for any purpose under the Conservation Act 1987
a: in the case of land declared to be held for conservation purposes, as if the declaration had been notified under section 7
b: in the case of land declared to be held for any other specified purpose or purposes under that Act, as if the declaration had been notified under section 18
c: in the case of land declared to be held as a marginal strip, as if the land were reserved as a marginal strip by section 24
4:
5: Where any land is declared under paragraph (a) or paragraph (c) of subsection (1) to be a reserve and to be classified for any purpose under the Reserves Act 1977 section 16
6: No Order in Council shall be made under subsection (1) in respect of—
a: any land that has been transferred to a port company pursuant to the Port Companies Act 1988
b: any land identified at the commencement of this Act on a port company plan under that Act; or
c: any land included in a proposed transfer of land to a port company pursuant to that Act, being a transfer that was commenced before the commencement of this Act but has not been completed.
7: Upon the revesting of any land in the Crown under this section,—
a: the former vesting of that land in a local authority, whether pursuant to the Local Government Act 1974 or the Local Government Act 2002
b: that land shall be deemed to be revested in the Crown as if it had never been alienated from the Crown and free from all subsequent trusts, reservations, restrictions, and conditions.
8: No Order in Council shall be made under subsection (1) in respect of any specified land unless the land has been identified for the purposes of this section on a plan that is lodged in the office of the Chief Surveyor and is certified as correct for the purposes of this section by the Chief Surveyor.
9: An order under this section is secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 4(1) amended 1 July 2003 section 262 Local Government Act 2002 Section 4(1)﻿(b) repealed 12 March 1993 section 12(3)﻿(a) Reserves and Other Lands Disposal Act 1993 Section 4(4) repealed 12 March 1993 section 12(3)﻿(a) Reserves and Other Lands Disposal Act 1993 Section 4(7)﻿(a) amended 1 July 2003 section 262 Local Government Act 2002 Section 4(9) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
5: Endowments of dry harbour land not to be sold without approval of Minister
1: Any land that may be made subject to an Order in Council made under section 4
2: The approval of the Minister under subsection (1)—
a: may be given subject to such exceptions, restrictions, and conditions as the Minister thinks fit, including any condition or restriction requiring the vendor to deal with money received by the vendor from the sale or exchange of land in a manner specified by the Minister, or requiring the vendor to obtain the consent of the Minister to the terms of any agreement or of any specified kind of agreement proposed to be entered into by the vendor in the exercise of the powers to which the approval relates; and
b: shall be notified in the Gazette
c: shall take effect on the date of publication of such notice or such other date as the Minister may specify in the notice.
3: Every agreement to sell or otherwise dispose of any such land, that is entered into without the approval of the Minister under this section, shall be unlawful and shall have no effect.
4: Nothing in this Act shall apply to any land sold or otherwise disposed of in accordance with this section.
6: Protection of endowments of dry harbour land
1: Except with the approval in writing of the Minister, no person shall destroy, damage, or modify, or cause to be destroyed, damaged, or modified—
a: the whole or any part of any area of land specified in the Schedule that has not been sold or otherwise disposed of under section 5
b: any of the natural resources or historic resources of any such area.
2: The Minister may grant an approval under subsection (1) subject to such conditions as he or she thinks fit, or may decline to grant an approval.
3: Every person commits an offence against this Act who—
a: contravenes subsection (1); or
b: is in breach of any condition imposed by the Minister under subsection (2).
4: In this section, natural resources historic resources Conservation Act 1987
7: Saving of existing authorities, agreements, and rights
1: Subject to this section, where an Order in Council is made under section 4
a: every lease, licence, permit, consent, or other authority granted by a Harbour Board or a local authority (whether as a successor or otherwise); and
b: every agreement in writing by such a Board or local authority to grant a lease, licence, permit, consent, or other authority; and
c: every right within the meaning of the word rights section 2 that is, immediately before the commencement of that order, in effect in respect of any land specified in that order shall, to the extent to which it is lawful, continue to have effect in respect of that land according to its tenor.
2: The Minister is hereby authorised to execute on behalf of the Crown any instrument or other document that is required to be executed by the Crown in respect of any land specified in the Schedule.
3: The controlling authority may take all such proceedings as may be necessary to enforce any condition in any such lease, licence, permit, consent, or other authority as if the controlling authority had granted that authority.
4: Where an Order in Council is made under section 4
a: shall have reasonable access to the property; and
b: may, after giving reasonable notice to the controlling authority, remove the property.
5: Nothing in subsection (4) shall limit or affect any lease, licence, permit, consent, other authority, agreement, or right continued in force by subsection (1).
8: Provisions relating to existing
records of title
1: Every existing record of title section 4 Registrar-General of Land
2: Where the record of title Registrar-General of Land record of title record of title the Registrar-General of Land
3: Section 8 heading amended 12 November 2018 section 250 Land Transfer Act 2017 Section 8(1) amended 12 November 2018 section 250 Land Transfer Act 2017 Section 8(2) amended 12 November 2018 section 250 Land Transfer Act 2017 Section 8(3) repealed 12 November 2018 section 250 Land Transfer Act 2017
9: Minister may apply for new
records of title
1: The Minister may cause a plan of survey of any land revested in the Crown by an Order in Council made under section 4 licensed cadastral surveyor with the Registrar-General of Land
2: On or after the deposit of a plan of survey approved by the Chief Surveyor, the Registrar-General of Land Land Transfer Act 2017 record of title
3: Where a new record of title Registrar-General of Land record of title record of title
4: The Registrar-General of Land record of title record of title
5: Nothing in this section shall prevent the Minister applying in accordance with the provisions of the Land Transfer Act 2017 record of title section 4(1) Section 9 heading amended 12 November 2018 section 250 Land Transfer Act 2017 Section 9(1) amended 12 November 2018 section 250 Land Transfer Act 2017 Section 9(1) amended 1 June 2002 section 68(1) Cadastral Survey Act 2002 Section 9(2) amended 12 November 2018 section 250 Land Transfer Act 2017 Section 9(3) amended 12 November 2018 section 250 Land Transfer Act 2017 Section 9(4) amended 12 November 2018 section 250 Land Transfer Act 2017 Section 9(5) amended 12 November 2018 section 250 Land Transfer Act 2017
10: Other Acts affected
The provisions of this Act shall have effect notwithstanding the provisions of the Land Transfer Act 2017 Section 10 amended 12 November 2018 section 250 Land Transfer Act 2017
11: Act not to render Crown liable for civil wrong
Nothing effected or authorised by or under this Act—
a: shall be regarded as making the Crown guilty of a civil wrong; or
b: shall be regarded as—
i: placing the Crown in breach of any contract, deed, agreement, or other instrument having effect in respect of any land specified in the Schedule; or
ii: assigning to the Crown any liability of any local authority under any such contract, deed, agreement, or instrument; or
c: shall be regarded as placing the Crown or any other person in breach of any enactment or rule of law or contractual provision prohibiting, restricting, or regulating the assignment or transfer of any land or any other property.
12: Penalties
Every person who commits an offence against this Act is liable,—
a: in the case of a natural person, to imprisonment for a term not exceeding 1 year or to a fine not exceeding $10,000, and, where the offence is a continuing one, to a further fine not exceeding $1,000 for every day on which the offence has continued:
b: in the case of a body corporate, to a fine not exceeding $80,000, and, where the offence is a continuing one, to a further fine not exceeding $10,000 for every day on which the offence has continued.
13: Offenders liable for loss or damage
1: Every person convicted of an offence against this Act shall be liable for any loss or damage or expenses arising from or caused by the act constituting the offence in addition to the penalty for the offence; and the amount payable in respect of the loss or damage or expense may be awarded by the court in fixing the penalty and may be recovered as a fine.
2: In assessing any amount payable under subsection (1), the court may take into account salaries, wages, and incidental expenses incurred in the investigation of the act constituting the offence or in remedying the loss or damage caused by the act, and shall take into account all other relevant factors.
14: Amendment to Conservation Act 1987
Amendment(s) incorporated in the Act(s)
15: Repeals
Amendment(s) incorporated in the Act(s)