One-Tree Hill Reserve Act 1886

One-Tree Hill Reserve Act 1886

Local Act1886 No 3
Date of assent30 July 1886

An Act to convert the Reserve at One-Tree Hill into a Public Domain.

  • Preamble

    WHEREAS the reserve known as One-Tree Hill, situate between Auckland and Onehunga, and consisting originally of about one hundred and forty-one acres and thirty perches, was, from about the year one thousand eight hundred and forty-eight to the year one thousand eight hundred and sixty-one, open as a commonage under The Crown Lands Ordinance 1849, for grazing of stock of the Hundred of Onehunga and the Epsom District, but was taken possession of by the Colonial Government during the Taranaki and Waikato wars and enclosed and occupied as a paddock for military purposes: And whereas, on the occasion of the award to Mr James Busby in settlement of his land claims, this reserve, together with a number of other parcels of land throughout the Province of Auckland, was, by a Proclamation of his Honour Superintendent Williamson, made a Provincial Government reserve, and was subsequently included as an educational reserve in the Schedule of The Common Schools Act 1869, of the Auckland Provincial Legislature, and granted under that Act: And whereas it is desirable that so much of the said reserve as has been so granted as aforesaid, and is described in the Schedule of this Act, should now be restored to the original purpose of a reserve for public recreation, and placed under the control of the Board hereinafter mentioned: And whereas a portion of the original One-Tree Hill Reserve, comprising fifteen acres and twenty perches, has been recently made a recreation reserve, and the management thereof delegated by Order in Council of the eighth day of February, one thousand eight hundred and eighty-six, to a Board consisting of the several persons therein specified and hereinafter mentioned, namely, the member of the House of Representatives for the Electoral District of Manukau, the Mayor of Onehunga, the Chairmen of the One-Tree Hill, Mount Roskill, and Epsom Highway Districts, William Gardner, and Alexander Aitken; and it is desirable that the land herein referred to, and described in the Schedule of this Act, should be brought under the management of the said Board:

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 One-Tree Hill Reserve Act 1886.

2 Reserve to be set apart for recreation purposes
  • The land described in the Schedule hereto together with the land described in the said Order in Council of the eighth day of February, one thousand eight hundred and eighty-six, is hereby declared to be a public reserve set apart for recreation purposes, and shall be subject to the operation of The Public Domains Act 1881, and sections 4, 5, and 6 of The Public Reserves Act 1881 Amendment Act 1885, and be managed by the One-Tree Hill Domain Board, constituted by Order in Council of the eighth day of February, one thousand eight hundred and eighty-six; and the said Order in Council, whereby powers were delegated to the One-Tree Hill Domain Board, shall be deemed to have been made also in respect of the land described in the Schedule to this Act, and the said order shall apply and be in force as though the said land had been also specified in the Schedule to the said order.

3 Rights of lessee not to be interfered with
  • Nothing in this Act contained shall give the said Board any power to interfere with the rights of the lessee, Dr John Logan Campbell, in regard to the land described in the Schedule hereto, but all rents payable by such lessee under his lease shall, upon the coming into operation of this Act, be deemed to be money received under The Public Domains Act 1881, and shall be applied accordingly by the One-Tree Hill Domain Board.

4 Act to come into operation when land equivalent set apart
  • [Repealed]

    Section 4 was repealed, as from 19 November 1907, by section 2 Statutes Repeal Act 1907 (1907 No 40).


Schedule
The Hill

ALL that parcel of land in the Provincial District of Auckland, containing by admeasurement 99 acres 2 roods 20 perches, more or less, situate in the Parish of Waitemata, and being Allotment No 11 of Section 12 of the Suburbs of Auckland. Bounded towards the North-east generally by lines, 383 links, 67 links, 976 links, and 3148 links respectively; towards the South-east by Allotment No 13, 4735 links; and towards the West generally by lines, 1184 links, 1635 links, and 1370 links respectively, to the commencing-point: be all the aforesaid linkages more or less; as the same is delineated on Plan No 680, deposited in the Survey Office at Auckland.