Wanganui District Council (Port and Harbour) Bill

Wanganui District Council (Port and Harbour) Bill EXPLANATORY NOTE GENERAL POLICY STATEMENT This Bill seeks to make more effective provision for the management of certain lands now vested in the Wanganui District Council (the Council) and to provide clarity in relation to the powers of the Council in dealing with the lands and in applying income and proceeds derived from those lands. Over the last century parcels of land have been vested, on a piecemeal basis, in public bodies in the Wanganui district. That vesting occurred by way of a number of Local Acts including the Wanganui Harbour and River Conservators Board Act 1876, the Wanganui Harbour Endowment and Borrowing Act 1877, the Wanganui Harbour and River Conservators Grant Act 1880, the Special Powers and Contracts Act 1881, the Wanganui Harbour Board Vesting Act 1910, the Wanganui Harbour Board Vesting Act 1911, the Reserves and Other Lands Disposal and Public Bodies Empowering Act 1915, the Wanganui Harbour Board Vesting Act 1917, and the Local Government (Manawatu-Wanganui Region) Reorganisation Order 1989. The majority of the entities to whom those parcels of land were vested no longer exist and the land has ultimately vested in the Council. The purposes for which that land is held and the powers exercisable by the Council in respect of those parcels of land are now unclear. The purpose of this Bill is to consolidate the vesting of those parcels of land in the Council and to provide for the purposes for which the land, and any income or proceeds derived from the land, is to be held and/or applied. The Bill consolidates the powers that may be exercised by the Council in respect of those parcels of land and terminates the lease between the Council and River City Port Limited. In conjunction with this Bill, the Council has entered into a memorandum of understanding with Ko Nga Hapu o Te Runanga o Tupoho who have claimed an interest in certain land in the vicinity of the mouth of the Whanganui River. CLAUSE BY CLAUSE ANALYSIS Clause 1 is the title clause. Clause 2 provides for the Bill to come into force on the day after the date it receives the Royal assent. Clause 3 provides that the Act binds the Crown. Clause 4 sets out the purposes of the Bill. Clause 5 is the interpretation clause. In the Bill the definition of land is limited to the land described in Schedule 1 of the Bill. Clause 6 provides that the land is freed from all previous endowments and, specifically, that the land is no longer held solely for the use, benefit and enjoyment of the harbour and port of Wanganui. Clause 7 vests the land in the Wanganui District Council. Clause 8 provides that the land is to be held for the purposes set out in clause 10. Clause 9 provides that any income derived from the land is to be held by the Wanganui District Council for the purposes set out in clause 10. Clause 10 provides that the land, and any income or proceeds derived from the land, is to be used generally for the purposes of the Wanganui District Council. Clause 11 provides for the situation where the land is subject to existing leases other than the lease to River City Port Limited. Clause 12 provides that the Council may sell or otherwise dispose of the land. Clause 13 provides that existing encumbrances will continue. Clause 14 provides that the Memorandum of Understanding shall be binding on the parties to the Memorandum of Understanding. Clause 15 provides for the powers of the Registrar-General of Land to give effect to the Bill. Clause 16 provides for the power to amend, by Order in Council, the Schedules to this Act for the purposes of correcting any misdescription or error. Clause 17 clarifies that no compensation is to be payable in respect of the exercise of any powers under the Bill. Clause 18 repeals section 56 of the Reserves and Other Lands Disposal and Public Bodies Empowering Act 1915 and amends the Harbour Boards Dry Land Endowment Revesting Act 1991. The Parliament of New Zealand therefore enacts as follows: 1 Title This Act is the Wanganui District Council (Port and Harbour) Act 2009 . 2 Commencement This Act comes into force on the day after the date on which it receives the Royal assent. 3 Act binds the Crown This Act binds the Crown. 4 Purpose of Act The purpose of this Act is— a to confirm that the land is vested in the Wanganui District Council: b to set out the purposes for which the land is held by the Wanganui District Council: c to set out the purposes for which the income from the land can be held and/or applied: d to terminate the River City Port Limited lease: e to recognise existing leases of the land other than the River City Port Limited lease: f to empower the Wanganui District Council to sell, lease or otherwise dispose of, and to deal with, the land: g to set out the purpose for which the proceeds from the sale of land may be used: h to empower the Wanganui District Council to apply or borrow against the capital and the income derived from the land: i to provide for related matters. 5 Interpretation In this Act, unless the context otherwise requires,— Community Purpose land means those parcels of the land described in Schedule 2 and includes any part of the land Council means the Wanganui District Council existing lease means any lease of the land which is in effect at the commencement of this Act and has not expired, but for the purpose of clarification excludes the River City Port Limited lease land means the land described in Schedule 1 and includes any part of the land lease means any lease, licence, or other form of lawful occupation of the land or any part of the land Memorandum of Understanding means the memorandum of understanding between the Council and Ko Nga Hapu o Te Runanga o Tupoho dated 2 October 2009 which records certain understandings between those parties Port land means those parcels of the land described in Schedule 3 and includes any part of the land public foreshore and seabed means: a the public foreshore and seabed as defined by section 5 of the Foreshore and Seabed Act 2004; and b includes all the structures, fixtures, and reclamations described in Part 1 of Schedule 2 and includes any part of the structures, fixtures, and reclamations; but c for the avoidance of doubt, does not include the structures, fixtures, and reclamations described in Part 2 of Schedule 2 River City Port Limited means an incorporated company registered under the Companies Act 1993 and incorporated on 23 December 2003, Company Number 1472338 River City Port Limited Lease means the lease dated 15 February 1993, between the Council and Ocean Terminals Limited (the initial lessee) regarding the operation and lease of the harbour and port of Wanganui, in respect of which River City Port Limited has become the lessee by an assignment dated 8 March 2004 Wanganui district means the district administered by the Wanganui District Council as delineated on S.O. Plan 36047. 6 Land freed from endowment The land and any income derived from the land is no longer reserved and set aside solely for the use, benefit and endowment of the harbour and port of Wanganui. 7 Land vested in Council Subject to subsection (3) the estate in fee simple in the land described in Schedule 1 vests in the Council. The Council is deemed to be and always to have been the lessor in respect of any lease of the land vested by subsection (1) . To the extent that the full legal and beneficial ownership of any part of the land which is public foreshore and seabed has not been vested in the Crown by the Foreshore and Seabed Act 2004, that part of the land vests in the Crown. The Crown is deemed to be and always to have been the lessor in respect of any lease of the land vested by subsection (3) . 8 Land to be held for certain purposes The Council must hold— a the land declared to be vested in the Council by section 7(1) ; and b the Council’s interest as lessor in any lease— for the purposes described in section 10 . 9 Income derived from land to be held for certain purposes The Council must hold— a any profits, income, or gains derived from the land; and b any proceeds received by the Council from any dealing with the land by the Council; and c any profits, income, or gains derived from any proceeds received by the Council from the sale or other disposition of the land— for the purposes described in section 10 . 10 Purposes for which land and income derived from land held or applied The Council may use Community Purpose land, and any income, profits, gains or proceeds derived from Community Purpose land or from the sale or other disposition of Community Purpose land, in its discretion, for the purpose of— a the improvement, protection, and management of the Wanganui district: b other general purposes and works for the benefit of the Wanganui district: c any purpose specified in its long term council community plans in force under the Local Government Act 2002: d the purchase of additional or substitute land to be vested in the Council: e the servicing of any loans raised for works for the benefit of the community of the Wanganui district: f any other purpose consistent with the functions of the Council. The Council may use the Port land, and any income, profits, gains or proceeds derived from the Port land or from the sale or other disposition of the Port land, in its discretion, for the purpose of— a the protection and improvement of the harbour and port of Wanganui, including capital works and maintenance: b the management and operation of the harbour and port of Wanganui, including the formation and operation of a new port company to manage and operate the harbour and port of Wanganui: c the commercial and recreational development of the harbour and port of Wanganui: d any other purpose associated with the harbour and port of Wanganui. Notwithstanding any rule of law or enactment to the contrary, the Council may accumulate income derived from Community Purpose land and Port land. 11 Leases Subject to this Act and except as provided in subsection (2) ,— a the land declared to be vested in the Council and the Crown, as the case may be, is subject to all existing leases of the land; and b all existing leases shall be deemed to have been granted by the Council as lessor; and c the Council shall have all the rights, powers, and obligations of the lessor under the existing leases; and d the provisions of the Harbours Act 1950 shall continue to apply to existing leases granted under that Act; and e the provisions of the Public Bodies Leases Act 1969 shall continue to apply to existing leases granted under that Act; and f the provisions of the Wanganui Harbour Board Land Development Act 1974 shall continue to apply to existing leases granted under that Act. The River City Port Limited lease and all rights associated with and granted to the lessee under that lease shall be terminated with effect from the commencement of this Act. 12 Dealing with land The Council may, in its discretion, sell, exchange, dispose, or lease the whole or any part of the land on such terms and conditions as it thinks fit. The Council may borrow against the land and/or the income derived from the land, for the purposes described in section 10 . 13 Encumbrances Nothing in this Act shall affect any existing encumbrance over the land or over any interest in the land under any lease. 14 Memorandum of Understanding This Act confirms that the Memorandum of Understanding is binding on the parties to the Memorandum of Understanding. 15 Powers of Registrar-General of Land The Registrar-General of Land is authorised and directed to make such entries in the registers and to do all such other things as may be necessary to give effect to the provisions of this Act. The presentation to the Registrar-General of Land of an instrument (whether or not comprising an instrument of transfer) that complies with subsection (3) is, in the absence of proof to the contrary, sufficient evidence that the land the instrument relates to is no longer reserved and set aside solely for the use, benefit and endowment of the harbour and port of Wanganui. An instrument complies with this subsection if the instrument— a relates to land held by the Council; and b contains a recital that section 10 applies to the land; and c is executed or appears to be executed by the Council. 16 Power to amend Schedule 1 The Governor-General may, by Order in Council, amend Schedules to this Act for the purpose of— a correcting any misdescription or error in those Schedules; or b adding details of any land which have been omitted in error. 17 No compensation Except as provided in subsection (2) , no compensation shall be payable in respect of the provisions of this Act or in respect of the exercise of any of the powers conferred by this Act. The Council may, in its discretion, make a payment of compensation to River City Port Limited for the termination of all rights that River City Port Limited may have as lessee in respect of the land, provided that— a the acceptance of any offer of compensation in accordance with subsection (2) will be a full and final settlement in relation to the termination of the River City Port Limited lease; and b the amount of compensation payable under subsection (2) shall be no more than $1,500,000. In this section reference to land includes reference to any buildings or fixtures situated on that land. 18 Repeals and consequential amendments Section 56 of the Reserves and Other Lands Disposal and Public Bodies Empowering Act 1915 is repealed. The schedule to the Harbour Boards Dry Land Endowment Revesting Act 1991 is amended by omitting from Part C— Wanganui Harbour lands: All that land— a containing 7.7 hectares, more or less, and being all the land comprised and described in certificate of title No 5D/124, Wellington Registry: b described in section 53 of the Wanganui Harbour and River Conservators Board Act 1876, and in the Schedule to that Act. 1 Description of land The land subject to this Act is the following land situated in the Wellington land registration district: Certificate of title Legal description WN11B/241 Lot 12 Deposited Plan 23453 WN11B/242 Lot 13 Deposited Plan 23453 WN11B/1290 Lot 1 Deposited Plan 34755 WN11D/1478 Lot 1 Deposited Plan 19936 WN11D/1479 Lot 2 Deposited Plan 19936 WN11D/1480 Lot 3 Deposited Plan 19936 WN11D/1481 Lot 4 Deposited Plan 19936 WN12A/1376 Lot 1 Deposited Plan 40543 WN13/170 (Balance) Part Lot A Right Bank Wanganui River WN13/171 (Balance) Part Lot B Right Bank Wanganui River WN13C/334 Part Section 227 Right Bank Wanganui River marked Reserved for Road on Deposited Plan 3060 WN14B/1160 Lot 8 Deposited Plan 34223 WN14B/1161 Lot 9 Deposited Plan 34223 WN14B/1162 Lot 10 Deposited Plan 34223 WN15B/731 Section 454 and Section 534 Left Bank Wanganui River WN15C/417 Lot 1 Deposited Plan 44353 WN16A/908 Lot 2 Deposited Plan 44820 WN16D/121 Lot 1 Deposited Plan 43427 WN16D/122 Lot 2 Deposited Plan 43427 WN16D/124 Lot 5 Deposited Plan 43427 WN16D/125 Lot 1 Deposited Plan 42966 WN16D/826 Lot 1 Deposited Plan 46042 WN16D/832 Lot 7 Deposited Plan 46042 WN17B/1209 Lot 1 Deposited Plan 46506 WN17C/1306 Part Lot 3 Deposited Plan 46042 WN18D/1202 (Balance) Part Lot 2 Deposited Plan 17933 WN19B/972 Section 378 Right Bank Wanganui River WN19B/973 Section 379 Right Bank Wanganui River WN19B/974 Section 380 Right Bank Wanganui River WN19B/975 Section 381 Right Bank Wanganui River WN19B/976 Section 382 Right Bank Wanganui River WN19B/977 Section 383 Right Bank Wanganui River WN19B/978 Section 384 Right Bank Wanganui River WN19B/979 Section 385 Right Bank Wanganui River WN20A/440 Lot 1 Deposited Plan 50238 WN20A/970 Lot 2 Deposited Plan 30996 WN20A/974 Lot 1 Deposited Plan 30996 WN20A/975 Lot 3 Deposited Plan 30996 WN20D/486 Lot 2 Deposited Plan 51557 WN21A/234 (Balance) Part Lot 1 Deposited Plan 22302 WN21A/496 Section 387 Right Bank Wanganui River WN22C/114 Lot 1 Deposited Plan 50299 WN22C/115 Lot 2 Deposited Plan 50299 WN22C/116 (Balance) Lots 1 and 2 Deposited Plan 51075, Part Lot K Right Bank Wanganui River, and Part Section 227 and Part Section 392 Right Bank Wanganui River WN22D/260 Lot 5 Deposited Plan 54127 WN23/36 Lot C Right Bank Wanganui River WN23/37 Lot E Right Bank Wanganui River WN24C/553 Part Lot 4 Deposited Plan 46042 WN25D/310 Lot 1 Deposited Plan 56412 WN26A/423 Lot 2 Deposited Plan 55612 WN26D/849 Lot 1 Deposited Plan 56302 WN26D/850 Lot 2 Deposited Plan 56302 WN26D/851 Lot 3 Deposited Plan 56302 WN26D/853 Lot 5 Deposited Plan 56302 WN28B/878 Part Lot 1 Application Plan 1888 WN28C/158 Lot 2 Deposited Plan 59585 WN28C/159 Lot 3 Deposited Plan 59585 WN28C/160 Lot 4 Deposited Plan 59585 WN28C/161 Lot 5 Deposited Plan 59585 WN289/131 Lots 61, 62, 63, Part Lot 64, and Lot 65 Deposited Plan 264 WN30A/84 Lots 2 and 3 Deposited Plan 59790 WN30A/85 Lot 1 Deposited Plan 59790 WN30A/86 Lot 4 Deposited Plan 59790 WN30A/88 Lot 8 Deposited Plan 59790 WN31B/329 Lot 1 Deposited Plan 58471 WN32A/668 Lot 4 Deposited Plan 56302 WN338/216 (Ltd) Lot 69 Deeds Plan 248 WN33C/995 Lot 2 Deposited Plan 65453 WN33C/996 Lot 3 Deposited Plan 65453 WN335/30 (Ltd) Part Lots 1429 and 1430 Suburban Section 15 Town of Wanganui 357927 Part Lot 2 Deposited Plan 315332, Lot 1 Deposited Plan 10037, Lot 1 Deposited Plan 58975, and Part Lot 2 Deposited Plan 10523, and Part Lot 2 Deposited Plan 10523, and Part Lot 2 Deposited Plan 10523, and Part Lot 2 Deposited Plan 10523, and Part Lot 1 Deposited Plan 9954, and Part Lot 1 Deposited Plan 9954, and Part Lot 1 Deposited Plan 9954, and Part Lot 1 Deposited Plan 9954, and Part Lot 1 Deposited Plan 822, and Part Lots 1 and 2 Deposited Plan 822 WN361/119 Lot 3 Deposited Plan 7635 WN37B/411 Part Lot 2 Deposited Plan 3054 WN37B/493 Lot 2 Deposited Plan 7635 and Lot 2 Deposited Plan 69960 WN37D/439 Lot 1 Deposited Plan 64202 WN387/91 Part Section 50 Town of Wanganui being Part bordered green Deposited Plan 7569 WN39/193 Section 1427 Town of Wanganui WN40C/429 Part Section 50 Town of Wanganui WN48/67 Lot 1428 Town of Wanganui WN491/192 Lot 3 Deposited Plan 12441 WN52D/575 Lot 1 Deposited Plan 3054 and Part Lot 106 Deposited Plan 264 WN5B/62 (Ltd) Lot 68 Deeds Plan 248 WN5D/124 Section 324 Right Bank Wanganui River WN683/76 (Balance) Lot 16 Deposited Plan 18365 WN6A/293 Lot 40 Deposited Plan 3837 WN6A/802 Lot 1 Deposited Plan 17791 WN6A/803 Lot 1 Deposited Plan 18309 WN6B/183 Lot 2 Deposited Plan 205 WN6B/184 Lot 3 Deposited Plan 205 WN6B/185 Lot 4 Deposited Plan 205 WN6B/186 Lot 5 Deposited Plan 205 WN6B/187 Lot 6 Deposited Plan 205 WN6B/188 Lot 7 Deposited Plan 205 WN6B/189 Lot 8 Deposited Plan 205 WN6B/190 Lot 9 Deposited Plan 205 WN6B/191 Lot 10 Deposited Plan 205 WN6B/192 Lot 11 Deposited Plan 205 WN6B/193 Lot 12 Deposited Plan 205 WN6B/194 Lot 13 Deposited Plan 205 WN8B/377 (Balance) Lots 18, and 20 and Part Lot 16 Deposited Plan 205 and Lots 1, 2, and 3 Deposited Plan 10878 9690 Part Lot 1 Deposited Plan 89274 and Lot 9 Deposited Plan 302481 9691 Lot 1 Deposited Plan 302481 9692 Lot 2 Deposited Plan 302481 9694 Lot 4 Deposited Plan 302481 9695 Lot 5 Deposited Plan 302481 9696 Lot 6 Deposited Plan 302481 9698 Lot 2 Deposited Plan 81330 and Lot 8 Deposited Plan 302481 WN9B/1253 Lot 1 Deposited Plan 32850 WN9B/1261 Lot 4 Deposited Plan 12441 WND3/66 Lot 14 and 15 Deposited Plan 205 WND3/67 Lot 23 Deposited Plan 205 WNE3/767 Lots 21 and 22 Deposited Plan 205 2 Description of Community Purpose land The land subject to this Act is the following land situated in the Wellington land registration district: Certificate of title Legal description WN11B/1290 Lot 1 Deposited Plan 34755 WN13/170 (Balance) Part Lot A Right Bank Wanganui River WN13/171 (Balance) Part Lot B Right Bank Wanganui River WN18D/1202 (Balance) Part Lot 2 Deposited Plan 17933 WN19B/978 Section 384 Right Bank Wanganui River WN23/36 Lot C Right Bank Wanganui River WN23/37 Lot E Right Bank Wanganui River WN28C/158 Lot 2 Deposited Plan 59585 WN28C/159 Lot 3 Deposited Plan 59585 WN28C/160 Lot 4 Deposited Plan 59585 WN28C/161 Lot 5 Deposited Plan 59585 WN6A/802 Lot 1 Deposited Plan 17791 WN6A/803 Lot 1 Deposited Plan 18309 WN6B/183 Lot 2 Deposited Plan 205 WN6B/184 Lot 3 Deposited Plan 205 WN6B/185 Lot 4 Deposited Plan 205 WN6B/186 Lot 5 Deposited Plan 205 WN6B/187 Lot 6 Deposited Plan 205 WN6B/188 Lot 7 Deposited Plan 205 WN6B/189 Lot 8 Deposited Plan 205 WN6B/190 Lot 9 Deposited Plan 205 WN6B/191 Lot 10 Deposited Plan 205 WN6B/193 Lot 12 Deposited Plan 205 WN6B/194 Lot 13 Deposited Plan 205 WN8B/377 (Balance) Lots 18, and 20 and Part Lot 16 Deposited Plan 205 and Lots 1, 2, and 3 Deposited Plan 10878 WND3/66 Lot 14 and 15 Deposited Plan 205 WND3/67 Lot 23 Deposited Plan 205 WNE3/767 Lots 21 and 22 Deposited Plan 205 WN20A/970 Lot 2 Deposited Plan 30996 WN20A/974 Lot 1 Deposited Plan 30996 WN20A/975 Lot 3 Deposited Plan 30996 WN28B/878 Part Lot 1 Application Plan 1888 WN335/30 (Ltd) Part Lots 1429 and 1430 Suburban Section 15 Town of Wanganui WN361/119 Lot 3 Deposited Plan 7635 WN37B/493 Lot 2 Deposited Plan 7635 and Lot 2 Deposited Plan 69960 WN387/91 Part Section 50 Town of Wanganui being Part bordered green Deposited Plan 7569 WN491/192 Lot 3 Deposited Plan 12441 WN9B/1253 Lot 1 Deposited Plan 32850 WN9B/1261 Lot 4 Deposited Plan 12441 3 Description of Port land The land subject to this Act is the following land situated in the Wellington land registration district: Certificate of title Legal description WN11B/241 Lot 12 Deposited Plan 23453 WN11B/242 Lot 13 Deposited Plan 23453 WN11D/1478 Lot 1 Deposited Plan 19936 WN11D/1479 Lot 2 Deposited Plan 19936 WN11D/1480 Lot 3 Deposited Plan 19936 WN11D/1481 Lot 4 Deposited Plan 19936 WN12A/1376 Lot 1 Deposited Plan 40543 WN13C/334 Part Section 227 Right Bank Wanganui River marked Reserved for Road on Deposited Plan 3060 WN14B/1160 Lot 8 Deposited Plan 34223 WN14B/1161 Lot 9 Deposited Plan 34223 WN14B/1162 Lot 10 Deposited Plan 34223 WN15B/731 Section 454 and Section 534 Left Bank Wanganui River WN15C/417 Lot 1 Deposited Plan 44353 WN16A/908 Lot 2 Deposited Plan 44820 WN16D/121 Lot 1 Deposited Plan 43427 WN16D/122 Lot 2 Deposited Plan 43427 WN16D/124 Lot 5 Deposited Plan 43427 WN16D/125 Lot 1 Deposited Plan 42966 WN16D/826 Lot 1 Deposited Plan 46042 WN16D/832 Lot 7 Deposited Plan 46042 WN17B/1209 Lot 1 Deposited Plan 46506 WN17C/1306 Part Lot 3 Deposited Plan 46042 WN19B/972 Section 378 Right Bank Wanganui River WN19B/973 Section 379 Right Bank Wanganui River WN19B/974 Section 380 Right Bank Wanganui River WN19B/975 Section 381 Right Bank Wanganui River WN19B/976 Section 382 Right Bank Wanganui River WN19B/977 Section 383 Right Bank Wanganui River WN19B/979 Section 385 Right Bank Wanganui River WN20A/440 Lot 1 Deposited Plan 50238 WN20D/486 Lot 2 Deposited Plan 51557 WN21A/234 (Balance) Part Lot 1 Deposited Plan 22302 WN21A/496 Section 387 Right Bank Wanganui River WN22C/114 Lot 1 Deposited Plan 50299 WN22C/115 Lot 2 Deposited Plan 50299 WN22C/116 (Balance) Lots 1 and 2 Deposited Plan 51075, Part Lot K Right Bank Wanganui River, and Part Section 227 and Part Section 392 Right Bank Wanganui River WN22D/260 Lot 5 Deposited Plan 54127 WN24C/553 Part Lot 4 Deposited Plan 46042 WN25D/310 Lot 1 Deposited Plan 56412 WN26A/423 Lot 2 Deposited Plan 55612 WN26D/849 Lot 1 Deposited Plan 56302 WN26D/850 Lot 2 Deposited Plan 56302 WN26D/851 Lot 3 Deposited Plan 56302 WN26D/853 Lot 5 Deposited Plan 56302 WN289/131 Lots 61, 62, 63, Part Lot 64, and Lot 65 Deposited Plan 264 WN30A/84 Lots 2 and 3 Deposited Plan 59790 WN30A/85 Lot 1 Deposited Plan 59790 WN30A/86 Lot 4 Deposited Plan 59790 WN30A/88 Lot 8 Deposited Plan 59790 WN31B/329 Lot 1 Deposited Plan 58471 WN32A/668 Lot 4 Deposited Plan 56302 WN338/216 (Ltd) Lot 69 Deeds Plan 248 WN33C/995 Lot 2 Deposited Plan 65453 WN33C/996 Lot 3 Deposited Plan 65453 357927 Part Lot 2 Deposited Plan 315332, Lot 1 Deposited Plan 10037, Lot 1 Deposited Plan 58975, and Part Lot 2 Deposited Plan 10523, and Part Lot 2 Deposited Plan 10523, and Part Lot 2 Deposited Plan 10523, and Part Lot 2 Deposited Plan 10523, and Part Lot 1 Deposited Plan 9954, and Part Lot 1 Deposited Plan 9954, and Part Lot 1 Deposited Plan 9954, and Part Lot 1 Deposited Plan 9954, and Part Lot 1 Deposited Plan 822, and Part Lots 1 and 2 Deposited Plan 822 WN37B/411 Part Lot 2 Deposited Plan 3054 WN37D/439 Lot 1 Deposited Plan 64202 WN39/193 Section 1427 Town of Wanganui WN40C/429 Part Section 50 Town of Wanganui WN48/67 Lot 1428 Town of Wanganui WN52D/575 Lot 1 Deposited Plan 3054 and Part Lot 106 Deposited Plan 264 WN5B/62 (Ltd) Lot 68 Deeds Plan 248 WN5D/124 Section 324 Right Bank Wanganui River WN683/76 (Balance) Lot 16 Deposited Plan 18365 WN6A/293 Lot 40 Deposited Plan 3837 WN6B/192 Lot 11 Deposited Plan 205 9690 Part Lot 1 Deposited Plan 89274 and Lot 9 Deposited Plan 302481 9691 Lot 1 Deposited Plan 302481 9692 Lot 2 Deposited Plan 302481 9694 Lot 4 Deposited Plan 302481 9695 Lot 5 Deposited Plan 302481 9696 Lot 6 Deposited Plan 302481 9698 Lot 2 Deposited Plan 81330 and Lot 8 Deposited Plan 302481 4 Structures, fixtures, and reclamations The mole extending from the northern (right) bank of the Whanganui River into the Tasman Sea adjacent to title WN5D/124, situated in the Wellington land registration district, being Section 324 Right Bank Wanganui River. The river protection work on the northern (right) bank of the Whanganui River extending from adjacent to, and between, title WN5D/124, situated in the Wellington land registration district, being lot Section 324 Right Bank Wanganui River, and title WN26D/849, situated in the Wellington land registration district, being Lot 1 Deposited Plan 56302. The seawall, constructed of timber and steel, situated within title 9690, in the Wellington land registration district, being Part Lot 1 Deposited Plan 89274 and Lot 9 Deposited Plan 302481, and within title WN26D/849, situated in the Wellington land registration district, being Lot 1 Deposited Plan 56302. The mole extending from the southern (left) bank of the Whanganui River into the Tasman Sea adjacent to title 357927, situated in the Wellington land registration district, specifically section Part Lot 2 Deposited Plan 822. The river protection work on the southern (left) bank of the Whanganui River adjacent to title 357927, situated in the Wellington land registration district, specifically section Part Lot 2 Deposited Plan 822. The basin wall, comprised of stone boulders, timber and steel, and extending into the Whanganui River from the northern (right) bank adjacent to title WN22C/116 (Balance), situated in the Wellington land registration district, being Lots 1 and 2 Deposited Plan 51075, Part Lot K Right Bank Wanganui River, and Part Section 227 and Part Section 392 Right Bank Wanganui River. All semi-permeable groynes and river channel deflectors located within the Whanganui River channel. The area of wharf situated outside of any legal title extending from the northern (right) bank of the Whanganui River into the Whanganui River adjacent to title WN26D/849, situated in the Wellington land registration district, being Lot 1 Deposited Plan 56302 and the western portion of title 9690, situated in the Wellington land registration district, being Part Lot 1 Deposited Plan 89274 and Lot 9 Deposited Plan 302481. The wharves situated within title 9690, in the Wellington land registration district, being Part Lot 1 Deposited Plan 89274 and Lot 9 Deposited Plan 302481. The trailer boat slipway, comprised of concrete, and accompanying jetties, located within title 9690, situated in the Wellington land registration district, being Part Lot 1 Deposited Plan 89274 and Lot 9 Deposited Plan 302481.