Dunedin Southern Market Reserve Leasing Act 1882

Reprint
as at 14 April 2014

Dunedin Southern Market Reserve Leasing Act 1882

Local Act1882 No 27
Date of assent13 September 1882

Note

Changes authorised by subpart 2 of Part 2 of the Legislation Act 2012 have been made in this eprint. See the notes at the end of this eprint for further details.


An Act to enable portions of the Southern Market Reserve in the City of Dunedin to be leased.

  • Preamble

    Whereas under the provisions of the Dunedin Reserves Management Ordinance 1867, the lands comprised in the Schedule hereto, and commonly known as the Southern Market Reserve, have, inter alia, become vested in the Corporation of the Borough of the City of Dunedin and its successors, as a corporate body upon trust for the purposes in the said ordinance mentioned: And whereas it is expedient to alter, amend, and extend the leasing powers conferred by the said ordinance, so far as the same relate to the said Southern Market Reserve described in the Schedule hereto, and to make such other provisions as are hereinafter contained:

1 Short Title
  • The Short Title of this Act is the Dunedin Southern Market Reserve Leasing Act 1882.

2 Power to lease
  • It shall be lawful for the Corporation of the Mayor, Councillors, and Burgesses of the City of Dunedin (hereinafter referred to as the Corporation), with the sanction and consent of the Governor of New Zealand, from time to time to lease by public auction at an upset rental to be fixed by the Corporation the Southern Market Reserve described in the Schedule, or any subdivisions of such reserve, for any term of years not exceeding 21 years, to take immediate effect in possession; and such leases (hereinafter called original leases) may, in addition to all such covenants, agreements, conditions, and provisions as are usual in such leases, at the option of the Corporation, contain provisions to the following effect—that is to say: That 3 months previous to the expiration of the respective terms of such original leases, 2 separate valuations shall be made by 3 indifferent persons, to be appointed in writing, as follows—one by the said Corporation, one by the lessee, his executors, administrators, or assigns, and the third by the 2 valuators, to be appointed as aforesaid: That the decision of such 3 valuators, or any 2 of them, shall be binding on all parties: That one of such valuations shall be made of all the buildings and improvements then on the land demised, and the other of the fair annual ground-rent of the said lands only, without any building or improvements, for a further term, not exceeding 21 years, from the expiration of the term granted by such original lease as aforesaid: That before the expiration of such original lease a new lease of the said land and premises for a further term not exceeding 21 years, containing similar covenants and provisions to those contained in such original lease as aforesaid, shall be put up to public auction at the upset price of the annual rent of the said land so valued as aforesaid, without buildings and improvements, subject to the payment by the purchaser of the value of the said buildings and improvements, so fixed by the valuators as aforesaid: That in the event of any person or persons other than the original lessee, his executors, administrators, or assigns, becoming entitled to such new lease, such person or persons shall forthwith pay in cash to the said Corporation for the benefit of the original lessee, his executors, administrators, or assigns, the amount of the value of the buildings and improvements so fixed as aforesaid: and, That the said Corporation shall pay over to the said original lessee, his executors, administrators, or assigns, the amount so paid to them by the purchaser of such new lease, without any deduction whatsoever, provided that the said original lessee, his executors, administrators, or assigns shall have previously paid all rent and other charges payable under the original lease.

3 Plans to be approved by the Governor
  • Before the Governor shall give such sanction and consent to any such leases, plans of the buildings to be erected on the said reserve, both by lessees and by the Corporation, shall be submitted for his approval, and he shall prescribe such conditions as he shall think fit for the purpose of securing uniformity of design in such buildings, and shall require that such of the above-mentioned conditions as may be applicable to each lease shall be inserted in such lease and be made binding on the lessee and the Corporation; and also shall require the Corporation to enter into a contract under its corporate seal to observe the aforementioned conditions, which contract shall be as binding on the Corporation as any other contract it may lawfully enter into.

4 How rents to be dealt with
  • All rents reserved under the leases authorized by this Act shall, from time to time as they are received by or on behalf of the Corporation, be paid into such bank as the Council of the said borough shall appoint, to an account to be called The Southern Market Building and Maintenance Fund Account (hereinafter referred to as the said account), anything in the Municipal Corporations Act 1876, to the contrary notwithstanding.

5 Sections 126 to 138 Municipal Corporations Act 1876, to apply
  • The provisions contained in sections 126 to 138 of the Municipal Corporations Act 1876, inclusive, so far as they are applicable, shall apply to the said account in the same manner as if such account were a separate account, within the meaning of that Act.

6 How moneys to be expended
  • All moneys belonging to the said account shall be held in trust for the purpose of providing a commodious market-place for the citizens of Dunedin, and shall from time to time be expended, subject to the conditions hereinbefore mentioned, in erecting, placing, and maintaining in good repair, upon such portions of the said Southern Market Reserve as shall not be leased under the provisions of this Act all such buildings, fences, appliances, and conveniences as shall be needful or expedient for such purpose, and not otherwise.

    Provided always that if, after such suitable market-place shall have been erected and provided with all necessary buildings and appliances, in accordance with the plans sanctioned and approved by the Governor, as in section 3 of the said Act provided, and after reserving or setting apart from time to time out of the said moneys belonging to the said account a sum or sums sufficient to cover the probable cost of maintaining such market-place, buildings, and appliances in good repair during the then next ensuing 12 months, any clear surplus of such moneys shall be left, it shall be lawful for the Council of the City of Dunedin, with the sanction and consent of the Governor of New Zealand, to expend any apply such surplus moneys in the construction, erection, and maintenance of market-places, with all necessary buildings and appliances, in such other part or parts of the said city as the said Council shall think fit.

    The proviso was inserted, as from 10 August 1883, by section 2 Dunedin Southern Market Reserve Leasing Act 1882 Amendment Act 1883 (1883 No 2(L)).

7 Moneys may be invested
  • The Council may from time to time invest the whole or any part of the moneys standing to the credit of the said account in such securities as it directs, and may sell such securities:

    provided that all interest accruing therefrom and all moneys arising out of the sale thereof shall be duly paid into the said account.

8 Penalty for non-compliance
  • If any person into whose hands any portion of the moneys mentioned in section 4 shall at any time come fails to pay the same into the said account forthwith, or if any councillor or officer of the Council shall at any time, directly or indirectly, consent to or in any way authorize or sanction the payment or expenditure of the whole or any portion of the moneys standing to the credit of the said account for any purpose other than those hereinbefore mentioned, he shall be liable to be sued in any Court of competent jurisdiction; or if there be more than one such person, then they shall be liable to be sued jointly or severally, by any burgess of the said borough for any moneys which he or they shall have so failed to pay into the said account, or the payment or expenditure of which contrary to the provisions of this Act he or they shall have so consented to or in any way authorized or sanctioned, together with a penalty not exceeding $200 and all costs of the proceedings.

    The words two hundred dollars were substituted, as from 10 July 1967, for the words one hundred pounds pursuant to section 7(1) Decimal Currency Act 1964 (1964 No 27).

9 How amount recovered to be paid
  • The amount recovered by a judgement in any such action as aforesaid, less the sum awarded by way of penalty and costs, shall be paid by the defendant into the said account, and unless so paid such judgment shall not be deemed to be satisfied. The residue of the amount so recovered shall be paid to the plaintiff.

10 In case money paid under warrant to seize property
  • In case the moneys recovered by a judgment in any such action be paid upon the issue of a writ of fieri facias, or warrant to seize property, the Sheriff or other officer of the Court receiving the same shall thereupon in the first place pay to the plaintiff the amount awarded as costs in the action, and secondly shall pay in to the credit of the said account the moneys which should have been paid by the defendant into, or which were so improperly paid or expended from, the said account. The balance remaining after deducting these amounts shall be paid to the plaintiff.

    Section 10 heading: amended, on 14 April 2014, by section 43 of the District Courts Amendment Act 2011 (2011 No 30).

    Section 10: amended, on 14 April 2014, by section 43 of the District Courts Amendment Act 2011 (2011 No 30).


Schedule

All that parcel of land in the Province of Otago, containing by admeasurement 3 acres and 6 perches, more or less, situate in the Town of Dunedin, and being land reserved for a market, as shown on the map of the said Town of Dunedin, bounded towards the North-west by Manor Place, 779 and three-tenths links; towards the East by Princes Street, 1 102 links; and towards the South-west by sections numbered respectively 65, 66, 67, 68, 69, 70, 71, and 72, Block III, 779 and three-tenths links.


Eprint notes
1 General
  • This is an eprint of the Dunedin Southern Market Reserve Leasing Act 1882 that incorporates all the amendments to that Act as at the date of the last amendment to it.

2 About this eprint
  • This eprint is not an official version of the legislation under section 18 of the Legislation Act 2012.

3 Amendments incorporated in this eprint
  • District Courts Amendment Act 2011 (2011 No 30): section 43