TE ARO RECLAMATION BILL.

New Zealand Times, Volume XXXIV, Issue 5838, 15 December 1879, Page 2

TE ARO RECLAMATION BILL.

Whereas by a grant from the Crown dated the 24th day of Jane, 1574, a piece of land described in the srh-dule to this Act was granted to the Mayor, Councillors, and citzens of the city of Wellington (hereinafter called “the Corporation upon trust for reclamation and for purposes cf public utility: And whereas the said land is situated below high water mark and the greater part thereof is usually covered by water, and the Corporation is desirous of reclaiming the same, and it is expedient that they should have power to do so, and to raise money for that purpose, and to do other things as hereinafter mentioned : Be it therefore enacted by the General Assembly of New Zealand in Parliament assembled, and by the authority of the same, as follows ; 1. The short title of this Act shall be the Te Aro Reclamation Act, 1579. 2. In the construction of this Act the words “ the Corporation ” anti “the Council” shall respectively mean the Mayor, Councillors, and citizens of the city of Wellington incorporated under the Municipal Corporations Act, XS7fi ; the words “ the undertaking ” shall mean the w/rks to be carried out under the provisions of this Act, and any necessary works in connection therewith. 3. The Corporation may, from time to time, fill up and reclaim the land described in the said grant, or any part thereof, and may for that purpose, if they think fit and expedient, enter into any contract or contracts with any person or persons for the execution of the said work, or of any other works under this Act, upon such terms and conditions as may seem to them proper and reasonable ; and may also from time to time, either by themselves or by .any contractor for the time being for the execution. of the said works, take from any convenient place within the city not being private property, or from any private property within or without the city, with the consent of the owner and of any occuuier for the time being thereof, any soil or materials which may be necessary for the said works, and may also by purchase acquire any land from which it may be necessary or expedient to take any such materials as aforesaid, and may from time to time execute and carry out all such other works as they may think expedient, or which may be necessary in connection with and for the purposes of the undertaking. 4. The Corporation shall make to every person having any estate or interest in any laud injuriously affected by the execution of the works authorised by this Act, and to every person who may suffer any loss or damage from the exercise of any of the powers hereby given, full compensation for the same, and such compensation shall bo ascertained in the manner pointed out in part TIL of the Public Works Act, 1576, which part of such Act for that and for all other purposes, in so far »a the same maylv applicable to and not inconsistent wrh the pn>vi->i**us *>f this Act, shall bo deemed to be incorporated with and to form part of this Act, and apply to the works and other matters autboiLed by this Act ; the word “borough” being read therein insfcaa I of the words “ county ” or “ road district ” or “district.” and the words “Borough Council” instead of the words “County Council” or “ Road Board ” or “ board ”: Provided always that in ascertaining and determining the title of any claimant to compensation, the Compensation Court shall not be bound to regard strict legal rights only, but may awrd such compensation in respect of any claim which the Court may consider reasonable and just having regard to all the circumstances. 5. Compensation in respect of any such claim as aforesaid may be made or awarded either out of the land reclaimed under the provisions of this Act, or in money, as the Corporation may think fit; and, where the Corporation shall elect to make such compensation in land the value of the land to be given shall be ascertained either by agreement between the claimant and the Corporation, or, in case of difference, by the Court acting under the provisions of the Public Works, Act, 1876, in the matter of such claim. 9. The Council may, for the purpose of defraying the cost oF any undertaking entered upon under section 3 of thin Act, and for the payment of any costs, charges, and expenses attending or incidental to the passing of this Act, and of paying any compensation payable under this Act, and of the costa of any proceedings or matters connected with the ascertainment of such compensation, raise by way of special loan, as defined by the Municipal Corporations Act, 1876, such sums as may be necessary, subject to all the provisions of the Municipal Corporations Act, 1876, in respect of special loans, except that it shall be imperative upon the Council to make provision for the repayment of all sums borrowed for the purposes aforesaid, or any of them, by means of a sinking fund, in manner provided in that behalf by the said Act and this Act. 7. The Council may, so soon as any part of the said land shall be reclaimed from the sea, lay out and construct streets or squares, or other thoroughfares or public places, through or within any part of the same, or appropriate any part of the same to any other public purpose of utility for the benefit of the city. 8. The Council may from time to time sell all or any part or parts of th» said land, when the same shall have been reclaimed from the sea, for such price or prices in money as they shall think fit, but every such sale shall be by public auction, after not less than two calendar months’ notice of the same, and, upon payment of the purchase-money for the same, the Council may convey the same to the purchaser or purchasers, and every such conveyance made as last aforesaid shall vest the land comprised therein in such purchaser or purchasers ; and all moneys received upon any such sale shall, after defraying the expenses incidental to the same, be applied to the purposes of the sinking fund hereinbefore mentioned, and, subject thereto, shall bo in discharge of any debentures issued by the Corporation of Wellington in respect of any other loan raised by them under the_ provisions of any special Act, or of the M unicipal Corporations Act, 1876. 9. The Council may from time to time demise or let all or any part or parts of the said lands when the same shall have been reclaimed from the sea, for such term of years in possession, not exceeding forty-two years, and at such annual rent or rents as they shall think reasonable, but every such letting shall be by public auction, after not less than two calendar months' notice of the same. 10. Subject to the special provisions of this Act, the land granted by the said recited grant or such part shall be part of the property of the Council, held by them under the provisions of the Municipal Corporations Act, 1876, and any other Acts for the time being relating to Municipal Corporations in New Zealand. 11. The Council shall, during and in the execution of any of the other works authorized by this Act, conform and be subject to the provisions of section 156 of the Harbors Act, 1878, which shall apply absolutely to this Act, and shall also conform and be subject to all other the provisions of the Harbors Act, 1878, so far as the same do not conflict with the powers given by this Act. It shall be lawful for the Council, by instruments under the seal of the Council, to appoint any officers or persons whom they shall think necessary for the purpose of superintending the carrying out of or conducting the undertaking, or for any purpose connected therewith, and every person so appointed shall have and possess and may exercise, so far as may be necessary for the purposes of the undertaking, all such powers and authorities as shall be given to him or them by any such instrument. 14. No writ or process shall be sued out against the Council, or any member thereof, or any officer or person whomsoever appointed as aforesaid, and acting under the direction of the Council, for anything done or intended to be done under the provisions of this Act until the expiration of one month next after notice in writing shall have been delivered to the Council or other person as aforesaid, clearly and explicitly stating the cause of action, and the name and place of abode of the intended plaintiff and of his attorney or agent in the action - and upon the trial of any such action the plains tiff shall not be permitted to go into evidenen of any cause of action which is not stated ih the last-mentioned notice, and unless suce notice be proved the jury shall find for thh Council or other defendant ; and every suen action shall be brought or commenced within six months next after the accrual of the

cruise of action and not afterwards, and shall be tried in the jurisdiction where the cause of action occurred and not elsewhere ; and the Council or other defendant shall be at lilieit/ to plead a general denial of the material allegations in the declaration (hereafter called “ the general issue”), and give tins Act and all special matter in evidence thereunder ; and the Council or any person to whom such notice of action is given as aforesaid may tender amends to the plaintiff, his attorney or agent, at any time within one month after service of such notice, and in case the same be not accepted may plead such tender in bar with the general issue ; and if the jury find generally for the Council or other defendant, or if the plaintiff be nonsuited or discontinue, or if judgment be given for tire Council or other defendant, then the Council or other defendant shall he entitled to the full amount of costs of defence, and have judgment accordingly; and in case amends have not been tendered as aforesaid, or in case the amount tendered be insufficient, the Council or other defendant may, by leave of the Court, at any time before trial, pay into Court, under plea, such sum of money as they or be may think proper, and by the like leave may, together with such plea, plead th« general issue or any special plea or pleas, any rule of Court or practice to the contrary notwithstanding. 15. Every person who upon examination on oath under the provisions of this Act shall wilfully and corruptly give false evidence shall be liable to the penalties inflicted upon persons guilty of wilful and corrupt perjury. 16. The following shall be deemed to be offences against this Act, in addition to any other offences therein expressly specified : Wilfully or carelessly breaking or injuring any of the property or works belonging to or under the management or control of the Council, or of any contractor with the Council under this Act: Generally the doing or permitting or suffering to be done any act or thing whatsoever whereby the undertaking or any works connected therewith shall he injured. 17. And every person guilty of any such offence shall for every such offence be liable to a penalty not exceeding £SO, and a furth'-r penalty not exceeding £lO for each day whilst the offence is continued. 18. All penalties imposed by this Act may he sued for and recovered in manner for the time being provided by law for the recovery of penalties by any Act of the General Assembly of New Zealand, but no such penalty shall be recovered at the suit of any person other than a party aggrieved or the Council, without the consent in writing of the Attor-ney-General for New Zealand first had and obtained. 19. No proceeding under or in pursuance of this Act shall be quashed or vacated for want of form, nor shall the same be removed by certiorari or otherwise into the Supreme Court. 20. No penalty imposed by this Act shall be recovered unless proceedings for the recovery thereof shall have been commenced within six months after the commission or occurence of the offence upon which the penalty attaches. 21. The Court by which any penalty under this Act shall be imposed on any person shall in all cases award one-half of the same to be paid to the Council, to he by them pLced to the account hereinbefore mentioned, and the other half shall bo paid to her Majesty, and be applied in manner provided by iaw for the application of penalties of the like nature. 22. Notwhhstanding the liability of any person to any penalty under the provisions of this Act, he shall not be relieved from any other liability to which he would have been subject if this Act. had not been passed. 23. Nothing iu this Act contained shall prejudice, or be deemed to prejudice or affect, any rig’nt, title, or interest of her Majesty, her heirs and successors. SCHEDULE. All that parcel of laud in the Provincial District of Wellington, and colony of New Zealand, containing by admeasurement seventy (70) acres, more or less, situate in the harbor of Port Nicholson, and being the reserve marked “ K” on the plan o? the city of Wellington. Bounded towards the north-east by land included in a Crown grant to his Honor the Superintendent of Wellington, dated June the twentieth, one thousand eight hundred and sixty-two, one hundred and sixty (160) links, and by other parts of the said harbor of Port Nicholson one thousand two huudred and two (1202) links, one thousand two hundred and two (1202) links, one thousand two hundred , and two (1202) links, and one thousand two hundred and two (1202) links ; towards the east by other part of the said harbor, nine hundred and seven (907) links; towards the south- , east by Clyde-quay nine hundred and fortyone (911) links, and by sections numbered two hundred and twenty-two (222), two hundred and twenty-three (223), two hundred and twenty-four (221), and two huudred and twenty-five (225), eight hundred and sixteen , (816) links; towards the south-west by sections numbered two hundred and eighteen (218), two hundred and nineteen (219), two hundred . and twenty (220), and two hundred and twenty-one (221), eight hundred (SCO) links ; , by sections numbered two hundred and twelve (212), two huudred and thirteen (213), two hundred and fourteen (214), two hundred and fifteen (215), two hundred and sixteen (216), and two hundred and seventeen (217), and by reserve numbered nine (9), one thousand four hundred and thirty-five (1135) links ; by sections numbered two hundred and eight (208), two hundred and nine (209), two hundred and ten (210), and two hundred and eleven (211), eight hundred and fifty-four (851) links, and by sections numbered two hundred and five (205), two hundred and six (206), and two hundred and seven (207), five hundred and fifty (550) Jinks ; and towards the north-west by land reclaimed by Sir George Grey six hundred and thirty-six (636) links, by said land granted to his Honor the Superintendent of Wellington one thousand eight hundred and seventythree (1873) links, and ty other part of the said harbor five hundred and thirty-two (532) links; excepting always the piece of land one hundred and fifty (150) links wide extending along the whole northern front of the said land.