Oamaru Municipal Exchange and Market Reserve Leasing Act 1911

Oamaru Municipal Exchange and Market Reserve Leasing Act 1911

Local Act1911 No 4
Date of assent21 October 1911

An Act to authorize the Exchange of a certain Municipal Section in the Town of Oamaru for a certain other Piece of Freehold Land in the said Town, and to amend The Oamaru Town Reserves Management Ordinance 1872, and The Oamaru Market Reserves Act 1878.

  • Preamble

    WHEREAS all that parcel of land being Section 14, Block XLVII, Town of Oamaru, containing by admeasurement one rood, more or less, was granted by the Crown to the Superintendent of the late Province of Otago by a Crown grant dated the third day of May, eighteen hundred and sixty-nine: And whereas by virtue of The Oamaru Town Reserves Management Act 1869, the said parcel of land was vested in the Corporation of the Incorporated Town of Oamaru and its successors (now the Corporation of the Mayor, Councillors, and Burgesses of the Borough of Oamaru), in trust for purposes of public utility for the Town to Oamaru and its inhabitants: And whereas Albert Joseph Grave, of the said Town of Oamaru, solicitor, is the owner in fee-simple of Sections 7, 8, and 9, Block L, Town of Oamaru, containing by admeasurement three roods, more or less: And whereas, with a view of obtaining a convenient access to an adjoining borough reserve, the Corporation of the Mayor, Councillors, and Burgesses of the Borough of Oamaru has agreed with the said Albert Joseph Grave to transfer to him the said Section 14, Block XLVII, Town of Oamaru, in exchange for the said Sections 7, 8, and 9, said Block L, but legal difficulties have arisen which prevent the carrying-out of the said exchange: And whereas the management of Sections 6, 7, 8, and 9, Block XXV, Town of Oamaru, containing one acre and twenty-one poles, more or less, was by The Oamaru Town Reserves Management Ordinance 1872, vested in the Corporation of the Incorporated Town of Oamaru for the purposes of a market: And whereas by The Oamaru Market Reserves Act 1878, certain limited leasing-power was given to the Corporation of Oamaru in respect to the said sections: And whereas the said land is not required for the purpose of a market: And whereas it is expedient that the said exchange between the Corporation of the Mayor, Councillors, and Burgesses of the Borough of Oamaru and the said Albert Joseph Grave be carried into effect, and it is also expedient that further and extended leasing and management powers be conferred upon the said Corporation of the Borough of Oamaru with respect to said Sections 6, 7, 8, and 9, Block XXV, Town of Oamaru:

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
  • This Act may be cited as the Oamaru Municipal Exchange and Market Reserve Leasing Act, 1911.

2 Interpretation
  • In this Act the word Corporation means the Corporation of the Mayor, Councillors, and Burgesses of the Borough of Oamaru.

3 District Land Registrar to issue certificate of title for Section 14, Block XLVII, Town of Oamaru, to Albert Joseph Grave on transfer of Sections 7, 8, and 9, Block L, said town, to the Corporation of Oamaru
  • (1) The District Land Registrar for the District of Otago shall, on the registration with him of a transfer of Sections 7, 8, and 9, Block L, Town of Oamaru, to the Corporation for an estate in fee-simple for purposes of public utility for the Town of Oamaru and its inhabitants, issue a certificate of title to the said Albert Joseph Grave for Section 14, Block XLVII, Town of Oamaru, for an estate in fee-simple, and thereupon the said Crown grant so issued to the said Superintendent of Otago as aforesaid shall be and be deemed to be cancelled so far as it relates to said Section 14, Block XLVII, Town of Oamaru.

    (2) On the vesting as aforesaid of said Sections 7, 8, and 9, Block L, it shall be lawful for the Corporation to manage and lease the same in the same manner and subject to the same limitations and restrictions as other lands now vested in the Corporation for purposes of public utility for the Town of Oamaru and its inhabitants may be leased or dealt with.

4 Part 13 of The Land Act 1908, not to apply
  • The provisions of Part 13 of The Land Act 1908, shall not apply to the land to be vested in the said Albert Joseph Grave under the last preceding section hereof.

5 Extending leasing-power with respect to Market Reserve
  • Notwithstanding anything contained in The Oamaru Town Reserves Management Ordinance 1872, or The Oamaru Market Reserves Act 1878, or any other Ordinance or Act to the contrary, it shall be lawful for the Corporation from time to time to lease the whole or any part of said Sections 6, 7, 8, and 9, Block XXV, Town of Oamaru, in the same manner and subject to the same limitations and restrictions as lands now vested in the Corporation in trust for purposes of public utility for the Town of Oamaru and its inhabitants may be leased and dealt with.

6 Application of rents, issues, and profits
  • The rents, issues, and profits from time to time received in respect of the said Sections 6, 7, 8, and 9, Block XXV, and Sections 7, 8, and 9, Block L, shall be applied and used for the same purposes as rents, issues, and profits received from other land held by the Corporation for similar purposes may be applied.