Ngaruawahia Cemetery Reserve Leasing Act 1888

Ngaruawahia Cemetery Reserve Leasing Act 1888

Local Act1888 No 5
Date of assent28 August 1888

An Act to authorise the Leasing of a certain Unused Portion of a Public Cemetery at Ngaruawahia.

  • Preamble


    The preamble was repealed, as from 19 November 1907, by section 2 Statutes Repeal Act 1907 (1907 No 40); it stated: WHEREAS all that parcel of land described in the Schedule hereto, containing thirteen acres one rood and thirty-seven perches has been set apart and reserved as a public cemetery for the Town District of Ngaruawahia: And whereas the limits of the said cemetery are far larger than at present required for interments, and the said cemetery being divided by the railway-line into two unequal portions, the smaller of such portions would suffice for the present for interments, and it would be advantageous if the Trustees of the said cemetery were authorised to lease for a term of years the larger portion of the cemetery in order to the raising a revenue therefrom to be applied to the improvement and ornamentation of the aforesaid smaller portion thereof: And whereas the portion of the cemetery desired to be leased has not at any time heretofore been used for interments:

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 Ngaruawahia Cemetery Reserve Leasing Act 1888.

2 Trustees may let unused part of cemetery
  • Notwithstanding anything to the contrary contained in The Public Reserves Act 1881, or The Cemeteries Act 1882, the Trustees for the time being of the Ngaruawahia Public Cemetery, as the same is described in the Schedule to this Act, may from time to time lease all such portion of the said cemetery as lies to the south-west of the line of railway which runs through the said cemetery.

3 Terms and conditions of lease
  • Every such lease shall be for any term not exceeding fourteen years without covenant for renewal, shall be disposed of by public auction or by public tender, and shall be offered at such upset price, and on such other terms, as the aforesaid Trustees shall think fit: Provided that no compensation for buildings or other improvements of any kind erected or made upon any part of the cemetery so leased shall be payable by the Trustees aforesaid to any lessee thereof or other person at the expiration of any lease granted under this Act.

4 Application of rents
  • All the rents, profits, and proceeds from time to time received by the Trustees aforesaid in respect of the portion of the cemetery authorised to be leased under this Act shall be applied by the said Trustees, in and towards the improvement and ornamentation of the other portion of the same cemetery under their control, and to no other purpose whatsoever.


ALL that parcel of land known as Lot 81, of the Suburbs of Newcastle, Parish of Horotiu, Newcastle Survey District, Provincial District of Auckland, containing by admeasurement 13 acres 2 roods 14 perches, more or less. Bounded towards the north-east by a road, 1234 links; towards the south-east by a road, 1192 links; towards the south-west by Lot 120, 1253 links; and towards the north-west by a road, and Lot 101 and a ballast reserve, 1193 links: be all the aforesaid linkages more or less; save and excepting a railway reserve 100 links wide which intersects the area above described, but is not included in the acreage stated.