Special Powers and Contracts Act 1881

Special Powers and Contracts Act 1881

Local Act1881 No 27
Date of assent24 September 1881

An Act to grant certain Special Powers to the Governor to issue Crown Grants, and to enable him to carry out certain Contracts and Promises.

  • Preamble

    WHEREAS it is expedient and necessary to give the Governor power to issue the Crown grants, and to do, execute, and perform the several acts and things set forth in the second column of the Schedule hereto, in fulfilment of the promises and for the several reasons and purposes set forth in the first column of such Schedule:

BE IT THEREFORE ENACTED by the General Assembly of New Zealand in Parliament assembled, and by the authority of the same, as follows:—

1 Short Title
  • The Short Title of this Act is The Special Powers and Contracts Act 1881.

2 Governor may perform the several acts specified in the second column of the Schedule
  • The Governor may issue such Crown grants, and do, execute, and perform the several acts, deeds, matters, and things which are specified in the second column of the Schedule hereto.

    All Crown grants, acts, deeds, matters, and things so issued, done, executed or performed shall be good, valid, and effectual to all intents and purposes whatsoever, subject to the exceptions, restrictions, and qualifications in the said Schedule specified.

3 Legal estate may be antevested
  • For the purpose of evidencing the title to any land specified in the said second column of the Schedule, the Governor may, in any Crown grant issued under the authority hereof, antevest the legal estate in the grantee to such date as he thinks fit.

4 Provision in case of land inalienable for a longer period than twenty-one years, except with consent of Governor
  • [Repealed]

    Section 4 was repealed, as from 31 March 1910, by section 431 Native Land Act 1909 (1909 No 15).

5 Repeal
  • Section thirty-two in the Schedule to The Special Powers and Contracts Act 1879, which authorizes the Governor to change the purpose of Reserve No 146, Arowhenua Survey District, Provincial District of Canterbury, to a recreation-ground, is hereby repealed.


Schedule

FIRST COLUMN.SECOND COLUMN.
1. It being desirable to change the purpose of Lot 56 of the Suburbs of Matakohe (which was vested in the late Superintendent of Auckland in trust for educational purposes) to a site for a cemetery. The School Commissioners of the Auckland Provincial District offer no objection to the proposed change.1. May change from an education reserve to a site for a cemetery all that allotment of land in the Provincial District of Auckland containing 1 acre, more or less, situated in the Parish of Matakohe, in the County of Marsden, and being Allotment No 56 of the Suburbs of Matakohe. Bounded towards the North-east by Allotment No 37, 341 links; towards the South-east by Allotment No 37 aforesaid, 400 links; towards the South-west by a road, 159 links; and towards the North-west by a road, 439 links: as the same is more particularly shown on the official map in the Survey Office, Auckland.
2. Thomas Francis McDonough purchased the land described in the second column hereto at public auction at Gisborne on the 21st August, 1872, and paid the deposit; but, owing to the difficulties of communication at that time, the balance of purchase-money did not reach Auckland within the time prescribed by the conditions of sale. Mr McDonough has on several occasions petitioned the House of Representatives, and on the 1st October, 1878, the Waste Lands Committee recommended that a Crown grant should be issued to the petitioner. The land was reserved by issued to the Superintendent of Auckland, on the 10th December, 1874, as an endowment for the Auckland Provincial Hospital.2. May issue a Crown grant to Thomas Francis McDonough, upon payment of the purchase-money, for all that piece or parcel of land, containing by admeasurement 1 rood, being Section 24 of the Township of Gisborne. Bounded towards the North-east by Allotment No 25, 250 links; towards the South-east by Customhouse Street, 100 links; towards the South-west by Childers Street, 250 links; and towards the North-west by Allotment No 36, 100 links.
3. In exchange for land taken up at Raglan, since included in Native reserve. Land Board recommend.3. May issue a Crown grant to Patrick Corboy for Lots 128A, 132, and 210, Parish of Pukete, District of Auckland, containing 255 acres 3 roods, more or less. Grant to be subject to The Crown Grants Act 1866, and Acts amending the same, and not to be issued until the Land Board of Auckland report to the Governor that the requirements of section 3, subsections 1 to 6, Appendix A of The Land Act 1877, have been complied with.
4. Lot 77, in the Village of Leigh, containing 1 acre 2 roods 34 perches, was granted to the Superintendent of the Province of Auckland on the 4th July, 1872, in trust for educational purposes; and on the apportionment of the education reserves, under The Education Reserves Act 1877, the land was vested in the School Commissioners of the Auckland Provincial District. When the grant was issued to the Superintendent, the fact of the land having been used as a cemetery, and several interments having taken place, was not known. The School Commissioners have agreed to give up the land for the purpose of a cemetery.4. May change the purpose of the following piece of land in the Village of Leigh: All that parcel of land in the Provincial District of Auckland, containing 1 acre 2 roods 34 perches, more or less, situate in the Parish of Omaha, in the County of Marsden, being Allotment No 77 of the Village of Leigh. Bounded on the North and East by high-water mark of the sea; on the South by high-water mark of the sea and a road, 300 links; and on the West by Allotment No 76, 456 links—from a reserve for primary education to a site for a cemetery, to be dealt with under the provisions of The Cemeteries Management Act 1877.
5. Repealed. 
6. To give effect to the report of a Royal Commission, dated 23rd March, 1881, and the recommendation of the Public Petitions Committee of the House of Representatives, dated 29th July, 1881, That Joseph Laurie Vercoe, having an equitable and valid claim to one-ninth of the block of land known as Pukeroa No 2, situate in the District of Maketu, in the Provincial District of Auckland, recently acquired by the Crown from the Native owners under the provisions of The Immigration and Public Works Act 1870, or Acts passed in amendment thereof, by reason of his negotiations with the Native owners prior to those of the Crown, and the subsequent undertakings by the agents of the Government that his claims would be fairly considered: a settlement should take place accordingly.6. May issue a Crown grant to Joseph Laurie Vercoe for such portion of the Pukeroa No 2 Block, including his homestead, and being equal in quality and value to one-ninth of the portion of the said block over which the Native title has been extinguished; the boundaries and amount of such land so to be granted being such as may be fixed by the Surveyor-General; and such grant only to be issued simultaneously with the execution and delivery to the Crown of a deed by the said Joseph Laurie Vercoe, releasing and discharging all claims whatsoever which the said Joseph Laurie Vercoe has, or alleges that he has, against the Government in respect of the Pukeroa No 2 Block or the Kaikokopu Block, or otherwise howsoever. Such deed to be in such form as may be approved by the Law Officers of the Crown, and to contain also a full release of all claims or alleged claims of the said Joseph Laurie Vercoe against the Native owners of such blocks.
7. To fulfil a condition contained in the 18 th section of The Public Works Act 1880, that the Grahamstown and Tararu Tramway shall, at the expiration of ten years from the 1st day of August, 1871, be assigned to the Corporation of the Borough of the Thames, provided that such assignment is made in accordance with all the conditions relating thereto; and which conditions have been fulfilled.7. May, by Order in Council gazetted, declare the Grahamstown and Tararu Tramway to be vested, from the 1st day of August, 1881, in the Corporation of the Borough of the Thames, and that the said tramway shall be deemed to be a tramway constructed by the said borough under the provisions of The Municipal Corporations Act 1876.
8–12. Repealed. 
TARANAKI.
13–16. Repealed. 
WELLINGTON.
17–18. Repealed. 
19. The purpose of the reserve described in the second column hereto having been once changed by Order in Council, dated the 31st July, 1879, under the provisions of The Public Reserves Act 1878, it is held that another change of purpose cannot be made without the authority of the Legislature.19. May change the purpose of the reserve hereinafter described from a site for Harbour Board Offices to a site for Harbour Board purposes, and vest the same in the Wanganui Harbour and River Conservators Board: All that parcel of land situate in the Town of Wanganui, Provincial District of Wellington, containing by admeasurement 1 rood, more or less. Bounded towards the North-east by Nixon Place, 200 links; towards the South-east by Taupo Quay, 125 links; towards the South-west by Section No 29, 200 links; and towards the North-west by Section No 28, 125 links.
20. Repealed. 
21. To enable the Wellington Harbour Board to meet the requirements of the port, by erecting sheds in connection with the railway wharf for purposes of receiving and delivering goods, and for storing and pressing wool.21. May execute a lease for any period not exceeding forty-two years, at a peppercorn rental, of all that parcel of land containing by admeasurement 2 roods and 34 perches, more or less, situate on the Reclaimed Land, in the City of Wellington, Provincial District of Wellington; being Sections Nos 1, 2, 3, 4, 5, and 6 respectively, commencing at a point on Waterloo Quay, 1323 links in a North-easterly direction from the intersection of the north-eastern side of Whitmore Street with the north-western side of Waterloo Quay aforesaid; bounded by lines as follows: South-westerly, 104 links; Westerly by a curved line having a radius of 300 feet, 196 links; North-westerly by a right line, 303 links; North-easterly, 151 links; South-easterly by Waterloo Quay to commencing point, 492 links: be all the aforesaid measurements either more or less; as the same is more particularly delineated upon the plan marked PWD 8254, deposited in the office of the Minister for Public Works at Wellington.
CANTERBURY.
22. To comply with a request from the Riccarton Road Board for the grant of a strip of land in the vicinity of the railway-workshops at Addington, near Christchurch, with a view to widening the road, and thereby enabling the Board to effect certain material improvements in the sanitary arrangements of the district; the other adjacent landowners having similarly complied with the request of the Board.22. May convey to the Riccarton Road Board all that piece or parcel of land situate at Addington, in the Provincial District of Canterbury, being part of Rural Section No 113, containing by admeasurement 3 roods 27.2 perches, more or less. Bounded on the South-west by a line abutting on the District Road, commencing at the west corner of said Section No 113, and bearing 140° 46′, 1820 links in length; thence on the South by a line abutting on the main line of railway, bearing 89° 38′, 64.2 links in length; thence on the North-east by a line, bearing 320° 46′, 1860.3 links in length; and thence on the North-west by a line, bearing 230° 46′, 50 links in length, to the starting point.
23. The eastern wall of the police building, on Section No 473, Christchurch, is erected parallel to and 41/2 links within the eastern boundary of that section; and it is deemed desirable to sell the land so excluded.23. May, by notification in the Gazette, authorize the sale, at a price to be fixed by valuation, of a strip of land in the Town of Christchurch, lying between the police building and the eastern boundary of section No 473, having 41/2 links frontage on Hereford Street, by a depth of 126 links.
24. Reserve No 278, in the Town of Timaru, was made for the purpose of erecting buildings for the uses of the Provincial Government. It has not been used nor is it required for this purpose, and it is deemed desirable to add the and to the Timaru Public Park, which cannot now be done owing to the provisions of The Public Reserves Act 1878.24. May change the purpose, from a site for Provincial Government buildings to an extension of the Timaru Public Park, of Reserve No 278, in the Borough of Timaru, containing 5 acres, more or less. Bounded Northward by Queen Street; Westward by King Street; and Southward and Eastward by Reserve No 344.
  
25. The under-mentioned reserves within the Township of Geraldine are not required for the purposes for which they were set apart, and it is deemed desirable that they should be sold, namely, Nos 1622, 1623, 752, and part of 753, for municipal purposes; No 797, for public purposes; and No 1594, for a site for Road Board office.25. May, by notification in the Gazette, authorize the sale as town lands of the under-mentioned lands within the Township of Geraldine: Reserve No 1622, containing 2 roods, more or less; Reserve No 1623, containing 2 roods, more or less; Reserve No 752, containing 1 acre 1 rood 38 perches, more or less, consisting of Sections Nos 1, 2, 3, 4, and 5; part of Reserve No 753, containing 1 acre 1 rood 38 perches, more or less, consisting of Sections Nos 6, 7, 8, 9, 10, and 11; Reserve No 754, containing 1 rood 38 perches, more or less, consisting of Sections Nos 51 and 52; Reserve No 797, containing 1 rood 5 perches, more or less, being Section No 50; Reserve No 1594, containing 1 rood, more or less, being Section No 20.
26. The land described in the Schedule to The Kaiapoi Cemetery Act, 1877, having been found unsuitable as a place for the interment of the dead, it is proposed to sell it, and to devote the amount received from the sale to the purchase of a cemetery in a more suitable position.26. May, by notification in the Gazette, authorize the Corporation of the Borough of Kaiapoi to sell and convey the piece of land described in the Schedule to The Kaiapoi Cemetery Act, 1877, and to expend the amount received from the sale of the land in the purchase of a site for a cemetery in a more suitable position. The new cemetery, when acquired, to be dealt with under the provisions of The Kaiapoi Cemetery Act 1877, aforesaid.
27. The situation of the present public library at Waimate being too far removed from the centre of the town, the Library Committee are anxious to sell the present site and buildings, and to devote the proceeds thereof towards the erection of a new library in the centre of the town, on a site to be given by the Waimate County Council.27. May, by notification in the Gazette, authorize the Trustees of the Waimate Public Library to sell by public auction and convey to the purchaser the present library site, being Reserve No 1072, containing 1 rood and 39 perches, together with the buildings thereon. The proceeds of the sale to be devoted to the erection of a new library on a site which has been given by the Corporation of the Borough of Waimate.
28. To provide a site for a Sailors' Home at the Port of Lyttelton.28. May convey to the Lyttelton Harbour Board the following piece of land: All that piece or parcel of land, containing by admeasurement 19 perches, more or less, being a parcel of land lying south of Norwich Quay, Town of Lyttelton, Provincial District of Canterbury, commencing at a point on the southern boundary of Norwich Quay, 226 links in a westerly direction from its intersection with the prolongation of the western boundary of Oxford Street: Bounded by lines as follows: Northerly by Norwich Quay, 80 feet; Westerly, 60 feet; Southerly, 80 feet; Easterly to commencing point, 60 links; be all the aforesaid linkages more orless: in trust as a site for a Sailors' Home, upon the present lessee surrendering his lease over the same. The conveyance to contain a clause that if at any time the land is used for any other purposes than a site for a Sailors' Home, the title thereto shall revert to the Crown, without any reconveyance or other instrument of title whatsoever.
29. It being desirable to change a portion of Reserve No 94, as delineated on the plan in the Crown Lands Office, Christchurch, to a recreation-ground, which cannot be carried into effect owing to the provisions of The Public Reserves Act 1878.29. May change part of Reserve No 94, containing 6 acres and 23 perches, in the Rangiora Survey District, Provincial District of Canterbury, to be called The Woodend Recreation-ground.
30. It being deemed desirable that part of Reserve 424, as delineated on the plan in the Crown Lands Office, Christchurch, 447 acres, made for public purposes, should be sold.30. May authorize the sale of a portion of Reserve 424, containing 427 acres, as deferred-payment land, or as village-settlement land, in such lots and on such conditions as may be prescribed by Order in Council.
31. Reserve 425, as delineated on the plan in the Crown Lands Office, Christchurch, 55 acres, made for police purposes, is not required for those purposes, and it is deemed desirable that it should be sold.31. May authorize the sale of Reserve 425 as village-settlement land, in such lots and on such conditions as may be prescribed by Order in Council.
32. Reserve 1263, as delineated on the plan in the Crown Lands Office, Christchurch, 424 acres, made for police and other Provincial Government purposes, is not required for those purposes, and it is deemed desirable that it should be sold.32. May authorize the sale of Reserve 1263 on deferred payments or as village-settlement land, in such lots and on such conditions as may be prescribed by Order in Council.
33. Reserve 1824, as delineated on the plan in the Crown Lands Office, Christchurch, 112 acres, made for Provincial Government purposes, is not required for those purposes, and it is deemed desirable that it should be sold.33. May authorize the sale of Reserve 1824 as village-settlement land, in such lots and on such conditions as may be prescribed by Order in Council
OTAGO.
34. The Education Board of the District of Otago are desirous of obtaining Section No 11, Block LXXV, Town of Oamaru (which is a municipal reserve), in order to complete their school premises, which are erected on the adjoining sections. The Corporation of Oamaru are willing to accept an education reserve, viz, Section No 14, Block XXXVII, Town of Oamaru, in exchange.34. May change the purpose of municipal reserve, Section No 11, Block LXXV, Town of Oamaru, to a reserve for a school site, and vest the same in the Education Board of the District of Otago; and may change the purpose of education reserve, Section No 14, Block XXXVII, to a reserve for municipal purposes, and vest the same in the Corporation of the Town of Oamaru, which body shall have power to deal with the said reserve, in pursuance of the powers conferred upon Municipal Corporations by section 177 of The Municipal Corporations Act 1876.
35. Land, comprising 11 acres 2 roods 18 perches, was purchased, by the late Provincial Government, of the late Mr John Jones, for deviation of a public road, and the portion which it is proposed to sell is not required for any public purpose.35. May authorize the sale of by public auction, and grant to the purchaser, the portion of land, viz, 8 acres 1 rood 9.9 perches, being balance of land remaining after deducting area required for road-line out of Section No 3, Block V, Hawkesbury District, Otago.
36. It being deemed desirable to resurvey the Township of Moeraki, Otago, with a view to its becoming a watering-place, it may become necessary to sell some of the land which has been reserved and granted to the Superintendent of Otago.36. May cause a resurvey of the Township of Moeraki, Otago, and authorize the sale of such of the reserves as may, after such resurvey has been made, be found not to be required for public purposes.
37. To complete an exchange of land between the Justice and Defence Departments and the Education Board of the District of Otago, whereby the school site at Milton is to be given in exchange for a portion of the Reserve No 103, Tokomairiro District, heretofore used as a police paddock.37. May, by Order in Council gazetted, declare to be vested in the Education Board of the District of Otago all that area in the Provincial District of Otago, containing by admeasurement 6 acres and 3 roods, more or less, being part of original Section No 103, Block XII, Tokomairiro District. Bounded towards the North-east by a road-line, 924 links; towards the South-east by the Main South Road, 709 links; towards the South-west by the Town of Milton, 1123 links; and towards the North-west by Salmond's Creek, 1250 links: as the same is more particularly delineated on the maps in the Survey Office, Dunedin, as a site for a school—in exchange for all that parcel of land in the Provincial District of Otago, containing by admeasurement 2 acres 1 rood 3 perches, more or less, being Sections Nos 54, 55, 56, 57, 58, 64, 65, 66, and 67, Block VII, in the Town of Milton. Bounded towards the North-west by Spencer Street; towards the North-east by Sections Nos 59 and 63; towards the South-east by Johnson Street; towards the South-west, and again towards the South-east, by Section No 68; and again towards the South-west by Section No 53 to Spencer Street: as a reserve for site for Courthouse and police premises.
38. By The Portobello County Reserve Sale Ordinance 1874, Session XXXIII, No 445, Otago, the Superintendent was authorized to sell by public auction the land referred to therein. The Superintendent however reserved two sections as a site for a school, and it is now desired to vest these sections in the Education Board of the District of Otago.38. May, by Order in Council gazetted, declare to be vested in the Education Board of the District of Otago the following sections of land in the Township of Dunoon, as a school site: All that area in the Provincial District of Otago, containing by admeasurement 2 roods 8 perches, more or less, being Sections Nos 1 and 2, Town of Dunoon, being subdivision of original Section No 38, Block VII, Portobello District. Bounded towards the North-west by Section No 8, 162.5 links; towards the North-east by Section No 3, 250 links; towards the South-east by a road-line, 277.5 links; and towards the West by another road-line, 275.2 links: as the same is more particularly delineated on the plan in the Survey Office, Dunedin.
39. It is deemed desirable to transfer to the Education Board of the District of Otago part of Section No 21, Block VI, Town of Dunedin, which was purchased by the Superintendent of Otago for police purposes, and is now no longer required by that department.39. May, by Order in Council gazetted, declare to be vested in the Education Board of the District of Otago, as a site for a public schoolmaster's residence at Caversham, all that area in the Provincial District of Otago, containing by admeasurement 1 rood 24 perches, more or less, being part of original Section No 21, Block VI, Town District, now called Extension of Caversham, being area marked Government reserve, Block I, on the map of the said Extension of Caversham. Bounded towards the North by the Main South Road, 100 links; towards the East by Section No 20, Block VI, Town District aforesaid, 400 links; towards the South by Section No 7, Block I, Extension of Caversham, 100 links; and towards the West by Sections Nos 2, 3, 4, 5, and 6, Block I aforesaid, 400 links: as the same is more particularly delineated on the plan No 156, in the Registrar of Deeds Office, Dunedin.
40. To rectify an error in the Schedule to The Alexandra Corporation Reserve Act 1879, which authorized the granting an area of 490 acres of land to the Corporation of the Borough of Alexandra, but which area proved, on survey, to contain only 263 acres.40. May grant to the Corporation of the Borough of Alexandra, as an endowment for municipal purposes, all that area in the Provincial District of Otago, containing by admeasurement 227 acres 1 rood 14 perches, more or less, situate in Block VII of the Leaning Rock Survey District, and bounded as follows: Towards the North-east by a railway line, from a point at which it crosses the southern boundary of Block I of before-mentioned district, 16020 links; towards the South-east by the northern boundary-line of the Township of Alexandra, 1520 links; towards the South-west by a right line at right angles to said boundary-line, 16865 links; and towards the North by a due east line passing through Trig K, 1405 links: excepting and reserving from the above area two road-lines, each 100 links wide: be all the aforesaid linkages more or less; as the same is delineated on the plan deposited in the Survey Office, Dunedin.
41. The inhabitants of Dipton, Otago, having used a portion of Education Reserve No 104, Taringatura District, as a cemetery, and several interments having been made therein, it is deemed desirable to reserve an area of 5 acres (including the graves referred to) for a cemetery.41. May change the purpose of all that piece or parcel of land in the Southland Division of the Provincial District of Otago, containing, exclusive of water-race, 5 acres and 12 perches, more or less, being part of Section No 104, Taringatura District, and bounded as follows, namely: Commencing at the southern boundary of said Section No 104, 1502 links due east of the south-eastern angle of Section No 133; thence by a line bearing 5° 49′ a distance of 1005 links; thence by a line running 488 links, bearing due east; thence by a line running 1000 links, bearing due south; thence by a line running 589 1/2 links, bearing due west, to starting point: be all the aforesaid linkages more or less—from education reserve to a cemetery reserve; to be dealt with under the provisions of The Cemeteries Management Act 1877.
42. The site vested in the Trustees incorporated under The Riverton Drillshed Reserve Management Act 1879, is found to be unsuitable for the purposes of the Volunteers, but the site would be very suitable for county offices.

42. May vest the following section of land in Theophilus Daniel, merchant, Henry Hirst, settler, Robert Aitcheson, merchant, and James Hancock, merchant, namely: All that area situated in the Town of Riverton, in the Provincial District of Otago, known as Section 1 of Block XIV, containing by admeasurement 32 poles, more or less: bounded towards the North-west by Section 22 of same block, 100 links; towards the North-east by Section 2 of same block, 197.8 links; towards the South-east by Railway Reserve, 100 links; and towards the South-west by Lucknow Street, 199.3 links, to starting point: in trust for the purposes of a drill-shed, subject to the powers, provisions, and conditions of the Riverton Drill-shed Reserve Management Act 1879.

May, by notification in the Gazette, declare the piece of land hereunder described, which, by The Riverton Drill-shed Reserve Management Act 1879, was vested in the Trustees named in the said Act, to be divested of the trust upon which it is held, and be deemed to be, immediately on the passing of this Act, vested in the Wallace County Council as a site for county offices: All that parcel of land in the Provincial District of Otago, situated in the Town of Riverton, containing by admeasurement 1 rood, more or less, being Section 22 of Block I, on the Crown grant record map of the said town: bounded towards the North-east by Sections 20 and 3 of said block, 125 links; towards the Southeast by Section 2 of aforesaid block, 230 links; towards the South-west by Tanna Terrace, 137 links; and towards the North-west by Section 21 of aforesaid block, 173 links: be all the aforesaid linkages more or less; as the same is delineated on the plan deposited in the Survey Office, Invercargill.

  • The references to $300 and four hundred dollars ($400) were substituted, as from 10 July 1967, for references to £300 and two hundred pounds (£200) pursuant to section 7(1) Decimal Currency Act 1964 (1964 No 27).

  • Clauses 5, 8 to 10, 12 to 16, 18, and 20 were repealed, as from 19 November 1907, by section 2 Statutes Repeal Act 1907 (1907 No 40).

  • Clause 11 was repealed, as from 31 March 1910, by section 431 Native Land Act 1909 (1909 No 15).

  • Clause 17 was repealed, as from 12 October 1915, by section 130(3) Reserves and other Lands Disposal and Public Bodies Empowering Act 1915 (1915 No 68).