Rawhiti Domain Act 1925

Rawhiti Domain Act 1925

Local Act1925 No 7
Date of assent29 September 1925

An Act to confer Additional Power of leasing Portion of Rawhiti Domain.

  • Preamble

    WHEREAS the area described in Schedule 1 hereto is a public domain subject to Part 2 of the Public Reserves and Domains Act 1908, and known as the Rawhiti Domain: And whereas pursuant to powers in that behalf the control of the domain is vested in the New Brighton Borough Council as the Rawhiti Domain Board: And whereas it is desirable that additional powers be conferred for leasing that part of the said domain described in Schedule 2 hereto:

    The Public Reserves and Domains Act 1908 (1908 No 156) was repealed, as from 1 April 1929, by section 103 Public Reserves, Domains, and National Parks Act 1928 (1928 No 36). That Act was in turn repealed, as from 1 April 1954, by section 107(1) Reserves and Domains Act 1953 (1953 No 69). That Act was in turn repealed, as from 1 April 1978, by section 125(1) Reserves Act 1977 (1977 No 66).

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 Rawhiti Domain Act 1925.

2 Governor-General may lease part of domain under Public Bodies' Leases Act 1908
  • (1) The Governor-General may, with the written consent of the Rawhiti Domain Board, in the name and on behalf of His Majesty, grant leases of the whole or any portion of the lands within that part of the Rawhiti Domain described in Schedule 2 hereto.

    (2) The Governor-General is hereby declared, with respect to such lands, to be a leasing authority within the meaning of the Public Bodies' Leases Act 1908, but in the exercise of the powers of a leasing authority he shall grant leases only on the tenancies set out in paragraphs (c) and (d) of section five of that Act.

    (3) Nothing in this Act shall exclude or restrict the right of any lessee or any person claiming through a lessee to obtain relief against forfeiture or determination of a lease granted under this Act in the same cases and on the same conditions as if the lease had been granted otherwise than by the Crown and in execution of statutory powers in that behalf.

    (4) The powers conferred by this Act shall be in addition to and not in substitution for any other existing powers of leasing the said lands.

3 Application of revenues from leases under this Act
  • All revenues received from any land leased under the powers conferred by this Act shall, after deduction of all expenses incurred in connection with the granting of such leases, be paid to the Rawhiti Domain Board to be expended for such purposes for the improvement or extension of the domain as the Minister of Lands approves.

Schedule 1

All that area, containing by admeasurement 155 acres 3 roods 38 perches, more or less, being Reserve 1616 and part of Reserve 1579, situated in the Borough of New Brighton: bounded towards the north-west by Rural Section 16013; towards the north-east generally by the south-west side of the road running along the sea-coast, and by Rural Section 15835; towards the south-east by Rural Section 16238; and towards the south-west by the north-east side of the road which forms the south-western boundary of Rural Section 16238 aforesaid to Rural Section 34174, by that section and again by the north-eastern side of the last-mentioned road to Rural Section 16013 aforesaid: as the same is more particularly delineated on the plan L and S No 1443, deposited in the Head Office, Lands and Survey Department.

Schedule 2

All that parcel of land situated in the Borough of New Brighton, containing by admeasurement 3 acres 2 roods 16 perches, more or less, being part Reserve 1616: commencing at a point 181.4 links distant from the northern corner of Reserve 1616, along the western side of the Esplanade, and from there running along the western boundary of the Esplanade in a southerly direction for a distance of 1200 links; thence in a westerly direction on a bearing of 256° 3′ for a distance of 300 links; thence in a northerly direction on a bearing of 346° 3′ for a distance of 1200 links; thence in an easterly direction on a bearing of 76° 3′ for a distance of 300 links to commencing-point.