Special Powers And Contracts Act 1884

Special Powers And Contracts Act 1884

Local Act1884 No 24
Date of assent10 November 1884

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 1884.

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  • [Repealed]

    This section was repealed, as from 31 March 1910, by section 431 Native Land Act 1909 (1909 No 15).

5 Waipawa Town Board election validated
  • The election of members of the Town Board for the Town District of Waipawa held on the fourth Wednesday of the month of September last past is hereby validated, and the members of the Town Board elected at such election shall be deemed to have been duly elected, notwithstanding that such election aforesaid ought to have been held on the third Wednesday of the said month of September, and all acts and things done or performed by the Board so elected shall be good and valid to all intents and for all purposes.

6 As to gazetting main roads under Roads and Bridges Acts
  • The words before the thirty-first day of March, which occur in section seven of The Roads and Bridges Construction Act 1882, and section five of The Roads and Bridges Construction Act Amendment Act 1883, are to be read as, and understood to mean, on or before the thirty-first day of March; and all roads that have been gazetted as main roads under the said Acts, or either of them, on the thirty-first day of March in any year, or that may hereafter be so gazetted, shall be deemed and held to have been and to be properly gazetted for that year, although gazetted on the thirty-first day of March instead of before the thirty-first day of March of that year.

7 Additional endowment for Port Chalmers Dock
  • The Governor may, in the name and on behalf of the Queen (subject to the reservations and conditions hereinafter set forth), grant and convey to the Otago Harbour Board, as an endowment for the graving-dock at Port Chalmers, all that parcel of land in the Provincial District of Otago, in the Colony of New Zealand, situate in Otago Harbour, containing by admeasurement thirty acres, more or less, as delineated on the record map of the Town of Port Chalmers. Bounded towards the North-west by Sections numbered respectively sixty-two and sixty-three, Sawyers' Bay District, and the Town Belt of Port Chalmers, two thousand three hundred links; towards the North-east by Wickliffe Terrace and Crown lands, one thousand four hundred and forty links; towards the South-east by Crown lands, one thousand eight hundred links; and towards the South-west by Otago Harbour, one thousand six hundred and sixty-five links : be all the aforesaid linkages more or less; originally granted to the Superintendent of the Province of Otago, and his successors, by grant bearing date the first day of August, one thousand eight hundred and sixty-six, in trust for the improvement of the Harbour of Port Chalmers, and the construction and maintenance of docks, piers, and other works therein as may be deemed advisable by the said Superintendent for facilitating the trade and commerce of the Town and Harbour of Port Chalmers : save and excepting from the aforesaid area two roods and four poles granted to the Municipal Corporation of Port Chalmers by The Port Chalmers Compensation Act 1877, portions of which area are included in the grant of the first day of August, one thousand eight hundred and sixty-six, hereinbefore mentioned; and also save and excepting a right of road to the area hereby excepted from this endowment: excepting also out of the aforesaid land all land which is now used and occupied as sites for public buildings or for public works of any kind; and reserving to the Governor, on behalf of the Queen, full power and authority, before any such grant shall be made under this provision, to set apart and reserve for the use of Her Majesty such portion of the aforesaid land as he thinks fit for any public work within the meaning of The Public Works Act 1882, made or to be hereafter made or constructed by the Governor.


Schedule

FIRST COLUMN.SECOND COLUMN.
AUCKLAND.

1. To give effect to a recommendation of the Waste Lands Committee of the House of Representatives, dated the 2nd October, 1884, on Petition No 304, Session II, from Eliza Ormiston.

1. On payment to the Receiver of Land Revenue at Auckland of the sum of $300, may convey to Eliza Ormiston, widow, all that parcel of land in the District of Whangarei, in the Provincial District of Auckland, known as Allotment No 54 of the Parish of Managpai, containing by admeasurement 47 acres, more or less. Bounded on the North by a line, 1674 links; on the East by a creek; on the South by Allotment No 53, 2785 links; and on the West by a road, 1020 links, 999 links, and 932 links.

Also may issue a Crown grant to Eliza Ormiston aforesaid for all that parcel of land in the District of Whangarei, in the Provincial District of Auckland, known by the name of Te Totara, containing by admeasurement 36 acres, more or less. Bounded towards the North by the Mangapai Estuary; towards the East by Te Totara Creek; towards the South-west by Allotment No 54 of the Pairsh of Mangapai, 1676 links; and towards the West by a road-line, 2030 links. The titles to be subject to the provisions of The Crown Grants Act 1883.

 

5. In exchange for 240 acres of the Karaka No 2 Block, selected by Richard Taylor, under the homestead system of The Land Act 1877, but subsequently ascertained to be affected by gold-mining rights.

5. May issue a Crown grant to Richard Taylor for 240 acres, more or less, of the Karaka No 3 Block, No 2596, Thames District. Grant to be subject to The Crown Grants Act 1883, and not to be ssued 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.

6. To enable the purpose of the reserve described in the second column of the Schedule hereto to be changed from an endowment for primary education to a recreation-ground, as was intended when the clause was inserted in the Schedule to The Special Powers and Contracts Act 1880. The School Commissioners for the Auckland Provincial District, in whom the reserve is at present vested, have signified their assent to the proposed change of purpose, having received Lot No 1, Section No 8, in the City of Auckland, as an endowment in lieu thereof.

6. May change the purpose of all that parcel of land in the Provincial District of Auckland, containing by admeasurement 2 acres 2 roods 14 perches, more or less, being Lots Nos 36 and 37 of Section No 2 of the Parish of Takapuna, Rangitoto Survey District—bounded towards the North-west by Lot No 39, 305 links and 701 links; towards the East by a road-line, 487 links; towards the South by a road-line, 377 links; towards the South-east by a road-line, 354 links; and towards the South-west by a road-line, 351 links: be all the aforesaid linkages more or less—from a reserve for primary education to a recreation-ground, to be dealt with under the provisions of The Public Domains Act 1881.

7. The land described in the second column having been purchased by the Government of the Colony of New Zealand, it is expedient that power should be given to the Governor of the said colony to authorize the sale, lease, or disposal of the said land.

7. May proclaim the under-mentioned land to be open for sale, lease, or disposal under the provisions of The Land Act 1877, and the Acts amending the same, given to the Governor of the said colony namely:—

 KOMATA NORTH BLOCK.
 Block.Section.District.Area.
    A.R.P.
 IX.1Ohinemuri7400
  2 3700
 XII.1Waihou114037
 3 11429
  4 11100
  5 9100
  7 1738

8. To provide a site for a public hall for the inhabitants of the Town of Mercer, Provincial District of Auckland.

8. May vest in seven Trustees, upon trust, as a site for a public hall, all that parcel of land in the Provincial District of Auckland, containing by admeasurement 1 rood, more or less, and known as Lot No 32 of Block III, Town of Mercer, situate in the Maramarua Survey District. Bounded towards the North-west by a road, 125 links; towards the North-east by Lot No 31, 200 links; towards the South-east by Lot No 33, 125 links; and towards the South-west by a road, 200 links: be all the aforesaid linkages more or less. The land to be held by the Trustees under the provisions of The Public Reserves Act 1881, and any Acts amending the same.

9. By a Proclamation dated the 18th October, 1882, and published in the New Zealand Gazette No 88, of the 26th October, 1882, certain lands were taken for the construction of a portion of the Waikato-Thames Railway. The second paragraph of the Schedule of the Proclamation above referred to describes a piece of ground containing 3 roods 16 perches, which was taken from the Thames Harbour Board; and, as only 1 rood 23 perches is required for railway purposes, it is desirable to return the remaining 1 rood 33 perches to the Board.

9. May issue a Crown grant to the Thames Harbour Board for 1 rood 33 perches, being portion of Kauaeranga South No 28, Provincial District of Auckland. Bounded as follows: Commencing at the westernmost corner of Shortland Wharf, Southerly by a line, 478 links; Northerly by high-water mark for a distance of about 220 links, and thence by lines 120 links and 168 links respectively; and Westerly by a line, 149 links, to the commencing point: as the same is more particularly delineated upon the plan Thames Harbour marked PWD 12208, deposited in the office of the Minister for Public Works, at Wellington.

10. The New Zealand Iron and Steel Company (Limited) are desirous of obtaining a lease of a portion of the foreshore as described in the second column hereto for the purpose of working the ironsand deposits thereon, and such lease cannot be granted owing to the provisions of The Harbours Act 1878.

10. May grant a lease of the foreshore hereinafter described to the New Zealand Iron and Steel Company (Limited) for the purpose of working the ironsand deposits, upon such terms as he may think fit, for any period not exceeding sixty-six years, subject to forfeiture should the works be suspended for the space of twelve months: All that parcel of land between high and low water-mark, being part of the foreshore of the Manukau Harbour, commencing at Poroporo and extending thence to Mata Kauwau Point: as the same is shown on the Admiralty chart of Manukau Harbour.

 

13. To provide a site for a public hall for the inhabitants of the Road District of Mount Eden, Provincial District of Auckland.

13. May vest in the Mount Eden Road Board for the time being, as trustees, upon trust, as a site for a public hall, the under-mentioned parcel of land, situate in the Titirangi Survey District, in the Provincial District of Auckland, being that part of subdivisional Lots Nos 68, 69, and 70 of original Lot No 54 of Section 6 fronting Mount Eden Road, and extending back therefrom along the northern boundary of the said subdivisional Lot No 68 for a distance of 151.5 links, and containing by admeasurement 1 rood 20 perches, more or less. Such land to be held by the said Board under the provisions of The Public Reserves Act 1881, and any Acts amending the same.

 
HAWKE'S BAY.
 

24. The land described in the second column, which was reserved as a site for a cemetery, having been found to be unsuitable for that purpose, another site has been reserved in lieu thereof. It is now proposed to change the purpose of the old cemetery site to a recreation-ground, which cannot be done owing to the provisions of The Public Reserves Act 1881.

24. May change the purpose, from a site for a cemetery to a recreation-ground, of all that area in the Provincial District of Hawke's Bay, being a portion of a reserve containing 16 acres and 1 rood, situate at Ormondville, in the Seventy-Mile Bush, and containing by admeasurement 4 acres, more or less. Bounded towards the North-east by other portion of said reserve set apart as a site for school; towards the North-west by a public road; towards the South-west by Section No 142, 340 links; and towards the South-east by the Railway Reserve 396 links, and by other portion of the reserve first above mentioned set apart for railway purposes.

WELLINGTON.

25. The Government Insurance Department having purchased from the Crown the parcel of land and buildings described and mentioned in the second column of this Schedule, it is necessary that provision should be made securing the title of the land to the Government Insurance Association, and that provision should be made as stated in the said second column.

25. May grant or convey to the Government Insurance Association all that parcel of land in the City of Wellington, containing by admeasurement 1 rood 34 perches, more or less, being Sections Nos 90, 91, 92, 93, 89, and 138 of the reclaimed land. Bounded towards the North by Brandon Street, 118 feet 9 inches; towards the East by Customhouse Quay, 170 feet; towards the South by Panama Street, 118 feet 9 inches; and towards the West by Sections Nos 88 and 137, 170 feet: as the same is more particularly delineated on the plan marked D13, and deposited in the District Survey Office, Wellington: be all the aforesaid measurements a little more or less: together with the buildings thereon, and all rights and appurtenances thereto. The said land to be held by the Association for the purposes of its business, subject to The New Zealand Government Insurance Association Act 1884.

 

30. The under-mentioned sections, which are gravel reserves, not being suitable for the requirements of the district, it is desirable that they should be sold, and the moneys derived from their sale expended in the purchase of more suitable sites for gravel-pits, namely, parts 1 and 2 of Section No 448, Manawatu Survey District, containing respectively 16 acres 3 roods 31 perches, and 6 acres; also Section No 348 in the same survey district, containing 3 acres.

30. May sell the gravel reserves enumerated in the first column hereto. The money derived from the sale of the sections to be paid into the Manawatu Road Board account, to be expended in the purchase of other sites for gravel-pits; and the balance, if any, to be expended in the erection of offices for the Road Board aforesaid. And may also sign and execute such titles to the purchaser or purchasers of the sections aforesaid as may be necessary.

31. It being desirable to continue Coleman Place through to George Street, in the Borough of Palmerston North, the Corporation of the borough desire to sell Subsections Nos 9 and 10, Section No 257, containing 10 perches each, being part of the land described in Land Transfer Volume xvii, folio 96, of Wellington; also portion of Subsection No 1 of Section No 225, containing 2 acres 1 rood 8 perches, as described in Land Transfer Volume xvii, folio 97, of Wellington, which sections are at present vested in the Corporation of the borough aforesaid as an endowment in aid of the borough funds, for the purpose of applying the proceeds derived from the sale of the said sections to the purchase of Subsections Nos 6 and 7 of Section No 330 in the said borough, containing 18 perches, which is private property, and which is required for the continuation of Coleman Place aforesaid.

31. May sell Subsections Nos 9 and 10 of Section No 257, and Subsection No 1 of Section No 225, in the Borough of Palmerston North, as described in the first column. The moneys derived from the sale of the said sections, after payment of expenses of advertising the sale, to be paid by the Receiver of Land Revenue for Wellington District to the Borough Fund Account, for the purpose of purchasing Subsections Nos 6 and 7 of Section No 330, referred to in the first column. Any surplus, after the purchase of the sections aforesaid, to be applied to any purpose authorized under The Municipal Corporations Act 1876. The Borough of Palmerston North is hereby authorized to sign, in its corporate name, the necessary conveyances for securing a good title to the purchaser or purchasers of the sections authorized to be sold, free of all trusts.

 
NELSON.

34. To enable that portion of Ngatiawa Street, in the City of Nelson (now enclosed and unused as a road), dividing the Lunatic Asylum grounds, to be permanently closed and added to the Hospital and Lunatic Asylum Reserve.

34. May, notwithstanding anything contained in The Public Works Act 1882, declare that portion of Ngatiawa Street, in the City of Nelson, hereinafter described, to be permanently closed, and the area thereof added to the adjoining Hospital and Lunatic Asylum Reserve G, viz: All that portion of Ngatiawa Street bounded on the North by Franklyn Street; on the East by Sections 1007, 1009, 1011, 1013, 1015, 1017, 1019, 1021; on the South by Motueka Street; and on the West by Sections 1006, 1008, 1010, 1012, 1014, 1016, 1018, and 1020, City of Nelson.

35. On the 31st March, 1863, the Provincial Government of Nelson purchased part of Section No 85, Waimea South, containing 4 acres 2 roods, as a site for a cemetery. The ground having been found unsuitable for a cemetery, it is proposed to make it a recreation-ground.

35. May change the purpose of all that parcel of land situate in the District of Waimea South, containing 4 acres 2 roods, be the same more or less, being part of Section No 85 on the plan of the said district — bounded on the North-eastward by Section No 84 on the said plan; on the South-eastward by a public road; on the South-westward by other part of said Section No 85; and on the North-westward by other part of the same section—from a cemetery to a recreation-ground.

36. To provide a road to Sections Nos 33 and 37, Wai-iti, Land District of Nelson, the property of Mr James Grove. The Land Board in 1863 authorized the use of the dry river-bed described in the second column as a road, which has been used since that date, but it has lately been fenced in by adjoining proprietors without authority.

36. May declare that the dry river-bed hereinafter described shall be a public road subject to the provisions of The Public Works Act 1882, viz: All that area situate in the Wai-iti Survey District, in the Provincial District of Nelson, being that portion of the dry bed of the River Wai-iti lying on the western sides of Sections Nos 37 and 153, Waimea South.

 
CANTERBURY.

39. To rectify an error in Schedule 1 to The Public Reserves Sale Act 1878, wherein part of Reserve No 785 is erroneously described as Reserve No 783.

39. May, by notice in the Gazette, correct an error in Schedule 1 to The Public Reserves Sale Act 1878, folio 169, tenth line from the top, viz: For parts 1650, 1571, 1381, 176, 783, read parts 1650, 1571, 1381, 176, 785.

40. Reserve No 1054, Christchurch District, was set aside under Canterbury Regulations for a rifle-range, but as the neighbourhood became inhabited it was deemed advisable to discontinue its use as such. It is proposed to sell the reserve, and devote the amount received from the sale to the purchase and formation of a rifle-range in a more suitable position.

40. May, by notification in the Gazette, after three months from date of such notice, sell and convey Reserve No 1054, Christchurch District. The amount received to be expended, subject to the approval of the Hon the Defence Minister, in the purchase and formation of a rifle-range in a more suitable position.

41. The School Commissioners for the Provincial District of Canterbury and the Waimate High School Board desire to effect an exchange of endowments in the Township of Opawa, so that the properies sic: properties of each may be consolidated.

41. May, on behalf of the School Commissioners for the Provincial District of Canterbury and the Board of Governors of the Waimate High School, exchange Sections Nos 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 51, 52, 53, 54, 55, 56, 57, 58, 81, 82, 83, 84, 85, 86, 87, 88, 104, 105, 106, 107, 108, 109, 110, and 111, containing 10 acres 1 rood 5 perches, being part of Reserve No 1213 in the Township of Opawa, which are now vested in the said School Commissioners as an endowment for primary education, and Sections Nos 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 146, 147, 148, 149, 150, 151, 152, 153, 154, 193, 194, 195, 196, 197, 198, 199, and 200, containing 8 acres and 8 perches, being part of the aforesaid Reserve No 1213 in the Township of Opawa, and which are now vested in the said Board of Governors as an endowment for the purposes of the Waimate High School; the land taken in each case to be thereafter held for the same purposes as the land given in exchange had been held for.

42. The land described in the second column was transferred to Her Majesty the Queen by the New Zealand and Australian Land Company (Limited) as a site for a gravel-pit. The transfer was made in error—the gravel-pit being on another section, and it is desirable to re-transfer the land to the original owner.

42. May, on behalf of Her Majesty, upon the New Zealand and Australian Land Company (Limited) conveying to the Crown another piece of land of equal value as a site for a gravel-pit, execute a transfer of all that piece of land situate in the Ashburton District, containing 1 acre, more or less, being part of Rural Section No 21168, and being part of the land included in certificate of title, Vol xlviii, folio 113, the same having been erroneously transferred to the Crown by the New Zealand and Australian Land Company (Limited).

43. It was enacted by The Public Reserves Sale Act 1878, that part of Reserve No 1751 in Canterbury might be sold by the Governor upon such terms as shall be regulated by Order in Council. It is now considered advisable to make the portion of the said Reserve No 1751, which is described in the second column hereto, a recreation-ground for the Township of Horndon.

43. May, notwithstanding anything in The Public Reserves Sale Act 1878, to the contrary, declare all that parcel of land in the Hawkins Survey District, Provincial District of Canterbury, containing by admeasurement 10 acres, more or less, being part of Reserve No 1751 (in red)—bounded, North-east by the continuation Township of Creyke Street, in the Horndon Township, 692 links; South-east by Maxwell Street, 1050 links: South-west by the continuation of Railway Terrace North, 1212.8 links; and North-west by a line at right angles to south-west boundary, 1050 links: be all the aforesaid linkages more or less; and numbered 2635 (in red) on the official map in the Survey Office, Christchurch—to be a recreation-ground, to be dealt with under the provisions of The Public Domains Act 1881.

44. It being deemed desirable to change the purpose of a portion of Reserve No 2026 (in red), in the Spaxton Survey District, Provincial District of Canterbury, from police purposes to a recreation-ground, which cannot now be done, owing to the provisions of The Public Reserves Act 1881.

44. May change the purpose, from police purposes to a recreation-ground, of all that portion of Reserve No 2026 (in red), in the Spaxton Survey District, Provincial District of Canterbury, containing 15 acres, more or less. Bounded—Northward by a road-line, 1533 links; Eastward by Reserve No 2612 (in red); Southward by Rural Section No 3031 2720 links, and also by a road-line 486 links; and Westward by a line parallel to eastern boundary, 1123 links: and numbered 2613 (in red) on the official map in the Survey Office, Christchurch.

45. Section No 245, Town of Geraldine, was temporarily and permanently reserved by notifications issued under the authority of sections 144 and 145 of The Land Act 1877, and dated respectively the 6th August, 1883, and the 8th October, 1883, for drainage purposes, but, through an oversight, the section was sold on the 25th November, 1883. As the section is towards the not now required for the purpose for which it was reserved, it is desirable to vest it in the person who purchased it at public auction.

45. May grant or convey to the purchaser of all that parcel of land in the Provincial District of Canterbury, containing by admeasurement 1 rood, more or less, being Section No 2588 (in red), situate in the Town of Geraldine, in the Survey District of Geraldine—bounded towards the North-east by High Street, 125 links; South-east by Section No 244, 200 links; towards the South-west by Section No 243, 125 links; and towards the North-west by Wilson Street, 200 links: be all the aforesaid linkages more or less; as the same is delineated on the plan deposited in the District Survey Office, Christchurch—as though the same had never been reserved.

46. It being desirable to change the purpose of a portion of Reserve No 2028 (in red), in the Alford Survey District, Provincial District of Canterbury, from police purposes to a recreation-ground, which cannot now be done owing to the provisions of The Public Reserves Act 1881.

46. May change the purpose, from police purposes to a recreation-ground, of all that portion of Reserve No 2028 (in red), in the Alford Survey District, Provincial District of Canterbury, containing 89 acres 2 roods, more or less, being part of Reserve No 2028 (in red). Bounded—North-eastward by Section No 17772 1538 links, also by a line bearing 140° 16′ 30″ 650 links; towards the North-westward by Section No 34048 2472 links, by a line bearing 50° 16 30′ 1541 links, also by Section No 17772 500 links; towards the South-east by Section No 17773 686 links, and by Section No 26962 3519 links; and South-westward by the River Ashburton: be all the aforesaid linkages more or less; and numbered 2639 (in red) on the official map in the Survey Office, Christchurch.

47. It being deemed desirable to set apart as a site for an athenæum part of Reserve No 150 (in red), which was granted on the 24th July, 1865, to the Superintendent of the Province of Canterbury, and his successors, in trust, as a site for wharves. This cannot now be done, owing to the provisions of The Public Reserves Act 1881. Notice of the proposal to change the purpose of the reserve has been advertised as required by the Standing Orders on local Bills.

47. May change the purpose, from a site for wharves to a site for an athenæum, of that part of Reserve No 150 (in red), situate in the Okain's Survey District, Provincial District of Canterbury, containing 2 acres, more or less. Bounded towards the North-east by Rural Section No 827, 460 links; towards the North-west by the road reserved along the south-eastern side of the Okain's Creek, 640 links; towards the South-east by the road-line south-east of Reserve No 150 (in red), 625 links; and towards the South-west by a line at right-angles to the south-east boundary, 220 links.

48. To provide a recreation-ground for the inhabitants of Lincoln, Green Park, Taitapu, and Gibbon's Valley, in the Provincial District of Canterbury, which cannot be done owing to the required site having been dealt with by The Ellesmere and Forsyth Reclamation and Akaroa Railway Trust Act 1876, and The Railways Construction Act 1878.

48. May declare the following to be a recreation-ground, viz: All that parcel of land containing 200 acres, bounded on the North-east by a line parallel to, and about 4 chains distance from, the railway-line; on the North-west by Section No 2443; on the North-east by Section No 2443; on the North-west by a line beginning from a point on the south-west boundary of Section No 2443 and about 12 chains from the south-west corner of that section, and running at right angles for a distance of about 40 chains; thence in a south-easterly direction for about 45 chains; and on the South-east by a line parallel to the north-west boundary: to take in the required area.

49. It being desirable to set apart the land described in the second column hereto, which was authorized to be sold The Special Powers and Contracts Act 1881, as a public recreation-ground.

49. May, notwithstanding the notice published in Gazette No 88, dated the The 27th October, 1881, authorizing the sale of the land hereinafter described, declare that the same shall be a recreation-ground, viz: All that parcel of land in the Provincial District of Canterbury, situate in the Mandeville District, containing by admeasurement 50 acres, more or less; commencing at a point on the North Road, the same being the south-western corner of Section No 1259; thence easterly following the southern boundary of that section and a line in continuation thereof, and onwards in the same straight line along the southern boundary of Section No 1087, a distance altogether of 20 chains; thence southerly at a right angle following the western boundary-line of Sections Nos 1087 and 1921, a distance of 31 chains 50 links; thence westerly at a right angle to the Native reserve at Kaiapoi; thence northerly following the eastern boundary of the said reserve to the Old North Road; and from thence returning along that road to the commencing point: and numbered 120 (in red) on the map of the Chief Surveyor of the Provincial District of Canterbury, setting out and describing the rural land in the Mandeville District aforesaid; subject nevertheless to the road, 1 chain wide, passing through this reserve from a point on the northern boundary being 7 chains 30 links from the north-western corner, and crossing the western boundary at a point being 14 chains 20 links from the south-western corner, also to another road branching from the one last-mentioned at the northern boundary of this reserve, and crossing the southern boundary at a point being 5 chains 60 links from the south-eastern corner; for which road allowance is made in the acreage.

50. It being deemed desirable that subdivisions Nos 103, 108, and 111 of Reserves 1644 and 642, Waitaki, containing respectively 5 acres, 235 acres 1 rood 30 perches, and 114 acres and 26 perches, authorized to be sold as town lands under The Public Reserves Sale Act 1878, should be reserved from sale, for the purpose of appropriating the same for certain half-caste families named in Schedules A and B to The Middle Island Half-caste Grants Act 1883.

50. Notwithstanding anything contained in The Public Reserves Sale Act, 1878, may, by notice in the Gazette, declare the lands described hereunder to be subject to the provisions of The Middle Island Half-caste Grants Act 1883, viz:— All that parcel of land in the Provincial District of Canterbury, containing by admeasurement 5 acres, more or less, being Section No 103, subdivision of Reserve No 642 (in red), situate in the Waitaki Survey District. Bounded towards the North by a road-line, 730.8 links; towards the East by a road-line, 668.9 links; towards the South by a line bearing 100° 52′, 886 links; and towards the West by a road-line, 615.5 links: as the same is delineated on the plan deposited in the District Survey Office, Christchurch. All that parcel of land in the Provincial District of Canterbury, containing by admeasurement 235 acres 1 rood 30 perches, more or less, being Section No 108, subdivision of Reserve 1644 (in red), situate in the Waitaki Survey District. Bounded towards the North by a road-line along the northern boundary of said Reserve No 1644, 5622.7 links; towards the East by Sections Nos 22273 and 24914, 4651.5 links; towards the South by a line bearing 106° 11′, 4681.2 links; and towards the West by a road along the eastern side of the railway-line, 4757.7 links: as the same is delineated on the plan deposited in the District Survey Office, Christchurch.

51. The lands described in the second column, which were originally included with the boundaries of Education Reserve No 119, have been respectively set apart for public buildings and railway-line, but, as they are no longer required for these purposes, it is proposed to vest them in the School Commissioners for the Provincial District of Canterbury, so that they may be dealt with in the same manner as Reserve No 119.

51. May declare that the following lands shall be vested in the School Commissioners for the Provincial District of Canterbury, as reserves for primary education:—

All that parcel of land in the Provincial District of Canterbury, situate in the Town of Sefton, containing 2 acres, more or less, being Sections Nos 1, 3, 5, and 7, having a frontage of 4 chains on the North Boulevard; Sections Nos 2, 4, 6, and 8 having a frontage of 4 chains on Talfourd Street; and Sections Nos 1 and 2, having also a frontage of 5 chains on the Western Boulevard: as the same is more particularly delineated, and numbered 213 (in red), on the map of the Chief Surveyor of the Provincial District of Canterbury, setting out and describing the Town of Sefton aforesaid. All that parcel of land in the Provincial District of Canterbury, containing by admeasurement 7 acres 3 roods 8 perches, more or less, situate in the Rangiora Survey District, being a strip of land, 1 chain wide, extending from the road along the northern boundary of Reserve No 119 (in red) to the road along the southern boundary of the same reserve, the eastern boundary being a line parallel to and 750 links west of the western boundaries of Sections Nos 1418 and 1434.

52. To vest the land described in the second column in the Borough Council of Lyttelton for purposes of water-supply to the Town of Lyttelton.

52. May grant or convey the fee-simple of the land hereinafter described to the Corporation of the Borough of Lyttelton, to be used and managed as part of the waterworks of the said borough, that is to say: All that parcel of land containing 3 roods, more or less, situate in the Heathcote District, being a portion of the Railway Reserve at the junction of the Christchurch and Lyttelton Railway with the Ferrymead Branch line, and being bounded as follows: Commencing at the North-east corner of the parcel of land vested in the Lyttelton Borough Council by The Lyttelton Waterworks Transfer Act 1878, and described in Schedule 1 thereto; thence easterly at a bearing with magnetic meridian of 72° 36′, a distance of 21 1/2 links; thence southerly at a bearing of 183° 53′ (magnetic), a distance of 416 links; thence westerly at a bearing of 273° 53′ (magnetic), a distance of 200 links, to the eastern boundary of the said parcel of land vested in the Lyttelton Borough Council as aforesaid; and thence northerly along the said eastern boundary at a bearing of 3° 53′ (magnetic), a distance of 338 links to the commencing point: together with all easements and appurtenances belonging or appertaining to the said parcel of land, to hold the same to the said Corporation for the like purposes or objects, and with the like powers, as are set forth in The Lyttelton Waterworks Transfer Act 1878, respecting the land therein mentioned.

53. An area of 5,000 acres of land was set apart by Proclamation issued under the hand of the Governor on the 22nd December, 1877, as an endowment for the maintenance of the medical department or faculty of the Canterbury College, subject to certain pre-emptive rights which then existed. The pre-emptive rights having lapsed, it is proposed to readjust the boundaries of the reserve, so as to make one block, by including the lapsed pre-emptive rights, and excluding a portion of the original reserve.

53. May alter the boundaries of the reserve referred to in the first column so as to include the lapsed pre-emptive rights, the original area of 5,000 acres not to be exceeded in the readjustment of boundaries; and may issue a Crown grant for the same, subject to the provisions of The Crown Grants Act 1883, to the Canterbury College, to be held in trust as an endowment for the maintenance of the medical department or faculty of the Canterbury College.

54. The reserves described in the second column hereto, which are situate on the shores of Lake Ellesmere, being no longer required for the purposes for which they were set apart, namely, wharf and timber depots, it is proposed to offer them for sale.

54. May sell the under-mentioned lands, subject to the provisions of The Land Act 1877, and Acts amending the same:—

All that parcel of land in the Provincial District of Canterbury, containing by admeasurement 50 acres, more or less, being Section No 207 (in red), situate in the Southbridge Survey District. Bounded towards the North-west by Section No 5879 and lines in continuation of the south-eastern boundary thereof, 5550 links; towards the South-east and South-west by Hart's Creek; and towards the North-east by a line at right angles to the north-west boundary, 950 links: be the aforesaid linkages more or less; save and excepting thereout two lines of Tramway Reserve, each 1 chain wide, running through this section: as the same is deliniated on the plan deposited in the District Survey Office, Christchurch.

All that parcel of land in the Provincial District of Canterbury, containing by admeasurement 50 acres, more or less, being Section No 208 (in red), situate in the Southbridge Survey District. Bounded towards the North-west by Hart's Creek; towards the North-east by a line in line with the north-east boundary of Section No 207 (in red), 950 links; towards the South-east by a line at right angles to the north-east boundary, 3635 links; and towards the South-west by Hart's Creek and the road north of Section No 12142: be the aforesaid linkages more or less; as the same is delineated on the plan deposited in the District Survey Office, Christchurch. All that parcel of land in the Provincial District of Canterbury, containing by admeasurement 175 acres, more or less, being Section No 684 (in red), situate in the Southbridge Survey District. Bounded towards the North-west by Reserve No 208, 3635 links; towards the North-east, North, and again towards the North-west by Hart's Creek and the low-water line of Lake Ellesmere; towards the South-east by the said low-water line, also by a road-line leading to the landing - place, 450 links; towards the South by the road-line north of Section No 12142, 4150 links; and towards the South-west by Reserve No 208, 950 links, and a line bearing 112° 20′, 4250 links: be all the aforesaid linkages more or less; save and excepting thereout the continuation of the road-line north of Section No 12142: as the same is delineated on the plan deposited in the District Survey Office, Christchurch. All that parcel of land in the Provincial District of Canterbury, containing by admeasurement 70 acres, more or less, being Section No 685 (in red), situate in the Southbridge Survey District. Bounded towards the South-west by Reserve No 207 (in red), 950 links; again towards the South-west and towards the South-east by Hart's Creek and the low-water line of Lake Ellesmere; towards the North-west by a line in continuation of the north-west boundary of Reserve No 207, 770 links; and towards the North-east by a line bearing 112° 20′, 7430 links: be all the aforesaid linkages more or less; as the same is delineated on the plan deposited in the District Survey Office, Christchurch.

55. The boundaries of the public domain and the hospital site at Ashburton as at present fenced require to be adjusted, as it is found that the hospital site overlaps the domain and that the domain includes land which was originally reserved for purposes of the General and Provincial Governments, as well as a portion of Crown land. The Domain Board was authorized in 1879 to enclose and plantthese lands, on the understanding that they would ultimately be added to the domain.

55. May declare that the boundaries of the hospital site at Ashburton shall be as follows: All that parcel of land in the Town of Ashburton, containing by admeasurmeent 12 acres, being part of reserve for public gardens and recreation, No 308, part of Reserve No 1710, and Hospital Reserve No 2410. Bounded towards the North-west by the Town Belt West, 750 links: towards the North-east by a line at right angles to the Town Belt, 1600 links; towards the South-east by a line at right angles to Cox Street, 750 links; and towards the South-west by Cox Street, 1600 links: as the same is delineated on the plans in the Survey Office, Christchurch. And may declare that the lands hereinafter described shall be added to the domain (Reserve No 308) at Ashburton: All that parcel of land in the Town of Ashburton, containing by admeasurement 22 acres and 32 perches, more or less. Bounded towards the North-east generally by reserve for public gardens and re-creation No 308; towards the South-east by West Street; towards the South-west by Wills Street; towards the North-west by Section No 598; again towards the South-west by Sections Nos 598 and 599; again towards the North-west by Section No 601; again towards the South-west by said Section No 601, Park Street, and Sections Nos 1093, 1094, 1095, and 1096; again towards the South-east by said Section No 1096; again towards the South-west by Sections Nos 1088, 1087, 1086, and 1253; thence towards the West by a right line to the eastern angle of Section No 1085, and by that section and a right line to a point on the north side of Peters Street 100 links distant in an easterly direction from the southern angle of Section No 1025; again towards the South-west by Peters Street; again towards the North-west by Grigg Street to the western angle of Section No 979; thence again towards the South-west by a right line across Grigg Street to the southern angle of the Hospital Reserve No 2410; and again towards the North-west and South-west by the Hospital Reserve, hereinbefore described, to the edge of the gully, the point of commencement: as the same is delineated on the plans in the Survey Office, Christchurch.

56. To enable the Governor to grant to the Borough of Waimate certain land situated within the said borough for general municipal purposes, the said borough having received no endowment under The Municipal Corporations Act 1876.

56. May vest in the Corporation of the Borough of Waimate, for general municipal purposes, the two parcels of land under-mentioned:—

All that parcel of land in the Borough of Waimate, Provincial District of Canterbury, bounded towards the North by Tennant Street; towards the East by the Gorge Road; towards the West by Queen Street; and towards the South by the southern boundary-line of Sections Nos 500, 527, 528, 548, 549, and 552: and containing 14 acres and 24 perches, more or less.

57. Reserve No 817, Waitangi District, was made for the purpose of taking gravel therefrom, but is no longer required for such purpose.

57. May, by notice in the Gazette, authorize the sale, under the provisions of The Land Act 1877, and Acts amending the same, of the under-mentioned reserve, viz: All that parcel of land in the Waitangi Survey District, Provincial District of Canterbury, being Gravel Reserve No 817, and containing 5 acres.

OTAGO.

58. To give effect to a resolution of the Waste Lands Committee of the House of Representatives, dated the 3rd October, 1884, on Petition No 133, Session II, from J M Lefevre and others, recommending that the land which was granted to the Superintendent of Otago on the 28th September, 1875, as a site for a commonage for the use of the inhabitants of the Town of Hampden, should be exchanged for a more convenient site nearer the Borough of Hampden.

May sell, in conformity with the provisions of The Land Act 1877, or any Acts amending the same, the land hereinafter described, which was Crown-granted to the Superintendent of Otago on the 28th September, 1875, as a site for a commonage for the use of the inhabitants of the Town of Hampden, namely: All that parcel of land situate in the Moeraki District, in the Provincial District of Otago, containing by admeasurement 3,620 acres 1 rood 28 perches, more or less, being Section No 7, Block XIII, on the map of the said district. Bounded towards the North by the Otepopo District, 15941 links and 1843 links; towards the East by the Otepopo District, 6445 links; towards the South by Section No 4 of the said Block XIII, 3603 links; again towards the East by the said Section No 4, 2811 links; again towards the North by the said Section No 4, 2171 links and 2922 links; again towards the East by Block I, Moeraki District, 6816 links and 8438 links; again towards the South by Block XI, Moeraki District, 5989 links; towards the West by Section No 3 of the said Block XIII, 1954 links; again towards the South by the said Section No 3 and a road-line 1847 links, by the said Section No 3 740 links; again towards the East by the said Section No 3, 1963 links; again towards the South by Blocks XI and XII respectively, 5496 links; again towards the West by Section No 10 of the said Block XIII 9096 links, by Sections Nos 2 and 6 respectively of the said Block XIII 3373 links, also by the said Section No 6, 751 links; again towards the South by the said Section No 6, 2331 links; again towards the West by Section No 1 of the said Block XIII, 3419 links; again towards the South by the said Section No 1, 2932 links; and again towards the West by Block XIV, 7812 links: and intersected by three road-lines, each 100 links wide, also by three other road-lines, each 50 links wide. In exchange for the aforesaid land may set apart the land hereinafter described as a site for a commonage for the use of the inhabitants of the Borough of Hampden, namely: All that area in the County of Waitaki, containing 150 acres, more or less, being part of Block I, Otepopo Survey District. Bounded towards the North - west by the road forming the northern boundary of Sections Nos 88, 89, 90, 91, 92, 93, and 94; towards the East and South by a reserve; towards the North-east by Section No 32; again towards the East and South-east by the road forming the eastern boundary ofSections Nos 109, 110, and 132, and the southern boundary of Sections Nos 132, 131, 130, 129, 128, 127, 126, 125, 124, 123, and 122; and towards the West by the road forming the western boundary of Sections Nos 122, 121, 95, and 88: as the same is delineated on the plan in the Survey Office, Dunedin.

59. It was arranged in 1876, between the late Provincial Government of Otago and Captain William Sewell, that the said Captain William Sewell should convey to the Crown the lands described in the Schedule below, for railway purposes, on condition that the Government granted him the lands described in the Schedule in the opposite column in exchange for the same.

All that piece or parcel of land containing by admeasurement 1 rood 25 perches, being portion of Section No 25; commencing at a point 328 links north and 705 links west from the south-east corner of said section. Bounded—South-easterly by a line, 816 links; North-easterly by a line, 52 links; North-westerly by a line, 820 links; South-westerly by a public road to commencing point, 51 links.

Also all that piece or parcel of land containing by admeasurement 17 perches, being portion of Section No 25; commencing at a point on the eastern boundary of said section 1106 links distant from its southernmost corner. Bounded—Southerly by a line, 195 links; South-westerly by a line, 59 links; North-westerly by a line, 235 links; Easterly by a public road to commencing point, 51 links.

Also all that piece or parcel of land containing by admeasurement 9 perches, being portion of Section No 25; commencing at a point on the eastern boundary of said section distant 254 links from its southern extremity. Bounded—Easterly by a line, 417 links; North-easterly by a line, 156 links; South-westerly and Westerly by lines, 216, 329, 34, and 22 links respectively, to point of commencement.

The above parcels of land being situate in Section No 25, Block IV, Oamaru Survey District, Provincial District of Otago; and are more particularly delineated upon the plan marked PWD 12134, deposited in the office of the Minister for Public Works, at Wellington.

59. May issue a Crown grant to Captain William Sewell for the lands described in the Schedule at the foot hereof, as soon as the land described in the opposite column has been taken by Proclamation under The Public Works Act 1882.

All that piece or parcel of land containing by admeasurement 27 perches, being portion of Sections Nos 24 and 25; commencing at a point on the north-east side of main road distant 140 links south and 196 links west from the north-east corner of said section. Bounded—South-easterly by lines, 265 and 158 links respectively; North-westerly by a line, 429 links; South-westerly by a public road to commencing point, 51 links.

Also all that piece or parcel of land containing by admeasurement 16 perches, being portion of Section No 24; commencing at a point on the eastern boundary of said section 321 links distant from its northern extremity. Bounded—Easterly by a line, 252 links; North-westerly by a line, 196 links; South-westerly by a public road to commencing point, 108 links.

Also all that piece or parcel of land containing by admeasurement 26 perches, being portion of a road 50 links wide; commencing at a point on the eastern boundary of Section No 24 321 links distant from its northern extremity. Bounded—Westerly and North-westerly by lines, 252 and 123 links respectively; Easterly by a line, 411 links; South-westerly by a line to commencing point, 68 links.

Be all the above areas and linkages either more or less; the same being situate in Block IV, Oamaru Survey District, Provincial District of Otago; and are more particularly delineated upon the plan marked PWD 12134, deposited in the office of the Minister for Public Works, at Wellington.

60. To enable the Governor to grant extended coal-mining leases of certain lands at Shag Point, in the Otago Land District, and of certain areas in the same district under the sea and under a tidal river.

60. May, notwithstanding the provisions of section 147 of The Harbours Act 1878, grant to any company or person a lease or leases for coal-mining purposes of the whole or any part of the land firstly hereafter described, or of any seam or seams of coal under the same, or any part thereof, and also of the area secondly hereafter described, or of any seam or seams of coal under the same, or any part thereof, together with a right to pass under all roads abutting upon any such lands, leaving sufficient support therefor, subject to such terms and conditions as to the term thereof, the rent thereby reserved, and the covenants thereof as to the Governor shall seem fit: Provided always that any such lease as shall include any land held under any coal-mining lease now in force shall be subject to the term of the existing lease and to all the rights of any person beneficially interested therein: Provided also that no such coal-mining lease shall give to the lessee any exclusive right to occupy the surface of any land covered by the sea or any tidal river:—

Firstly, all that area in the County of Waikouaiti containing by admeasurement 324 acres, more or less, being Sections Nos 57 and 58, Block III, Moeraki District. Bounded towards the North by Sections Nos 19 and 22; towards the West by Sections Nos 22 and 21; towards the North-east by the road along the coast forming the north-eastern boundary of Quarry Reserve No 58; towards the South-east by the ocean; towards the South by the road forming the northern boundary of Section No 43; and again towards the West by the road forming the eastern boundary of Section No 42, and by Section No 31.

Secondly, all that area containing by admeasurement 1,140 acres, more or less. Bounded towards the South by a line, the same being the production easterly of the southern boundary of Section No 57, for a distance of about 139 chains; thence towards the East by a line running due North, for a distance of about 143 chains; thence towards the North-west by a line drawn to meet the north-eastern corner of Section No 21, for a distance of about 113 chains; thence generally towards the West by the road forming the eastern boundary of Section No 58, and also by Section No 57 to the starting point.

SOUTHLAND.
 

62. It being deemed desirable that Reserve Section No 36, Oreti Hundred, 60 acres, made for ferry and township purposes, should be sold as village-settlement land.

62. May sell Reserve Section No 36, Oreti Hundred, as village-settlement lands, in such lots and upon such conditions as may be prescribed by Order in Council.

63. Land comprising 69 acres 3 roods, more or less, being part of Section No 19, Block VII, Invercargill Hundred, purchased by the late Provincial Government of Southland from Adam Sutherland, upon trust, for the public service of Southland, and the portion which it is proposed to sell is not required for any public purpose.

63. May sell 69 acres 3 roods, more or less, being part of Section No 19, Block VII, Invercargill Hundred, as village-settlement land, in small-farm allotments, in such lots and on such conditions as may be prescribed by Order in Council under the provisions of The Land Act 1877 Amendment Act 1879.

 
  • Clauses 3, 4, 15 to 23, 26 to 29, 32, 33, 37, 38 and 65 of the Schedule were repealed, as from 19 November 1907, by section 2 Statutes Repeal Act 1907 (1907 No 40).

  • Paragraphs 2, 11, 12, 14, 61 and 64 were repealed, as from 31 March 1910, by section 431 Native Land Act 1909 (1909 No 15).