Christchurch Market Reserves Act 1885

Christchurch Market Reserves Act 1885

Local Act1885 No 12
Date of assent14 September 1885

An Act changing the Trusts of the Christchurch Market Reserves.

  • Preamble

    WHEREAS by The Christchurch City Reserves Act 1877, section 4, the several parcels of land in Schedule 3 of the said Act were vested in the Mayor, Councillors, and citizens of the City of Christchurch, in trust, for the purposes of a market-place: And whereas by section 4 of The Public Reserves Act 1881, as to any public reserve set apart for any of the purposes named in Class one of Schedule 1 thereto, the Governor may, by Order in Council to be published in the Gazette, change the purpose of any reserve or any part thereof to some other purpose named in the said Class one of Schedule 1, and that thereafter such reserve or part of a reserve shall be deemed to be dedicated to the purpose defined in such Order in Council: And whereas by an Order in Council, bearing date the fourth day of March, and published in the New Zealand Gazette dated the sixth day of March, one thousand eight hundred and seventy-nine, it was directed that a portion of the reserve set forth in Schedule 3 to The Christchurch City Reserves Act 1877, therein mentioned, should be and the same was thereby changed from that of a reserve for a market-place to that of a reserve for a town hall and municipal offices: And whereas it is expedient to alter or change the purpose for which the residue of the lands set forth in the said Schedule 3 was set apart, and to extend the powers of leasing the said land as hereinafter provided:

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 Christchurch Market Reserves Act 1885.

2 Portions of The Christchurch City Reserves Act 1877, repealed
  • So much of section 4 and of Schedule 3 of The Christchurch City Reserves Act 1877, as is dealt with in this Act is hereby repealed.

3 Market reserve vested in Council upon trust
  • The parcel of land described in the Schedule hereto is hereby vested in the Mayor, Councillors, and citizens of the City of Christchurch (hereinafter called the Council), in trust for the purposes hereinafter specified.

4 Leasing powers
  • The Council may from time to time lease all or any part of the said lands for such term of years, to take effect in possession, and upon such terms and conditions generally as the Council shall think fit.

    Provided that every such lease shall be for a period not exceeding thirty-three years, and shall be disposed of by public auction or by public tender as the council shall think fit, and 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 Council, be paid into such bank as the Council of the said borough shall appoint, to an account to be called The Christchurch Market Reserves Account (hereinafter referred to as the said account), anything in Local Government Act 1974, to the contrary notwithstanding.

    A reference to the Municipal Corporations Act 1886 was substituted, as from 1 January 1887, for a reference to the Municipal Corporations Act 1876 pursuant to section 2 Municipal Corporations Act 1886 (1886 No 50). That reference was in turn substituted, as from 1 January 1901, by a reference to the Municipal Corporations Act 1900 pursuant to section 433 Municipal Corporations Act 1900 (1900 No 50). That reference was in turn substituted, as from 4 August 1908, by a reference to the Municipal Corporations Act 1908 pursuant to section 1(2) Municipal Corporations Act 1908 (1908 No 124). That reference was in turn substituted, as from 1 April 1921, by a reference to the Municipal Corporations Act 1920 pursuant to section 385(1) Municipal Corporations Act 1920 (1920 No 48). That reference was in turn substituted, as from 20 December 1933, by a reference to the Municipal Corporations Act 1933 pursuant to section 393(1) Municipal Corporations Act 1933 (1933 No 30). That reference was in turn substituted, as from 1 April 1955, by a reference to the Municipal Corporations Act 1954 pursuant to section 413 Municipal Corporations Act 1954 (1954 No 76). That reference was in turn substituted, as from 1 April 1980, by a reference to the Local Government Act 1974 pursuant to section 9(1) Local Government Amendment Act 1979 (1979 No 59).

5 Of accounts and audit
  • The provisions contained in sections 126 to 138 inclusive of The Municipal Corporations Act 1876, 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 Moneys to be held in trust
  • All moneys belonging to the said account shall be held in trust by the Council for the purpose of providing a suitable public market for the City of Christchurch, and for the improvement of the Christchurch reserves.

7 Investment of moneys
  • The Council may from time to time invest not less than one half of the moneys standing to the credit of the said account in such securities as they may direct or approve of for the purposes of such market, and the Council may at any time sell and convert any such securities into money, provided that all interest accruing from such securities, and all moneys arising out of the sale thereof, shall be duly paid into the said account for the purposes of such market.

8 Council may not sell reserve
  • The Council shall not sell or alienate the fee-simple of the said lands or any part thereof.


Schedule

ALL that plot of land bounded on the South by Armagh Street; on the North-east by Victoria Street; and on the West and North-west by Oxford Terrace West.