• Preamble

  WHEREAS Henry Playford, of Levin, farmer, died at Levin on the twenty-fourth day of May, nineteen hundred and thirty-six: And whereas the said Henry Playford left a last will and testament bearing date the twenty-second day of July, nineteen hundred and thirty: And whereas probate of the said will was on the twenty-fifth day of June, nineteen hundred and thirty-six, granted by the High Court of New Zealand at Wellington to the Public Trustee of the Dominion of New Zealand, the executor and trustee appointed by the said will: And whereas by paragraph three of the said will the testator devised to the Mayor, Councillors, and Burgesses of the Borough of Levin the land particularly described in Schedule 1 to this Act in the following terms—namely, “upon trust for all time as a motorists' camping-ground for the use of the public free of charge except as to such facilities or conveniences as the said Corporation may install or supply, but otherwise subject to such regulations, conditions, and restrictions as the Levin Borough Council may from time to time prescribe and should the said Corporation not accept the foregoing gift within a period of twelve calendar months after notification thereof shall have been given to the said Borough Council by my Trustee or should the said land at any time after the said Corporation shall have accepted the foregoing gift for any cause cease to be used or available for the purposes and upon the conditions aforesaid for a consecutive period of twelve calender months then I give devise and bequeath all my said estate and interest in the said piece of land to the Palmerston North Hospital Board for the benefit of the Palmerston North Public Hospital”: And whereas by paragraph four of the said will the testator devised and bequeathed the residue of his estate, including the land described in Schedule 2 to this Act, after payment of his just debts, funeral and testamentary expenses, and all estate and succession duty payable in respect of his estate, upon trusts expressed as follows:—

  • “(a) During such time as the said piece of land (being that described in Schedule 1 to this Act) shall be held by the said Corporation upon and subject to the trusts in regard thereto set forth in the last preceding paragraph three hereof to pay the income arising therefrom to the said Corporation to be applied in and towards the upkeep maintenance and improvement of the said camping-ground and in and towards payment of any outgoings and charges in connection therewith in such manner in all respects as the Levin Borough Council shall think fit:

  • “(b) Subject to the foregoing provisions hereof upon trust for the Palmerston North Hospital Board for the benefit of the Palmerston North Public Hospital”:

  And whereas the said Corporation has established and maintained as a motorists' camping-ground the land described in the said Schedule 1 in terms of the said will: And whereas it is desirable that the said land should be made available for the use of the public as a recreation-ground, sports-ground, and gardens, as well as a motorists' camping-ground, freed and discharged from the trusts created by the said will: And whereas the said land can be more efficiently administered for the aforesaid purposes as a public domain: And whereas the annual income derived from the said residuary estate is inadequate for the purpose of developing, improving, and maintaining that land for the aforesaid purposes to a standard in keeping with modern requirements: And whereas it is desirable that the capital as well as the income of the said residuary estate should be made available for the aforesaid purposes, and accordingly that the said residuary estate should be freed from the trusts attaching thereto and vested in the Corporation, with power for the Corporation to convert it into money and expend the net proceeds of such conversion in and towards the management, administration, and improvement of the said land for such purposes as aforesaid: And whereas the Public Trustee and the Palmerston North Hospital Board have consented to the abovementioned variations being made to the terms of the trust created by the will of the testator: And whereas the objects of this Act are not obtainable otherwise than by legislation:

  The reference to the “High Court” was substituted, as from 1 April 1980, for a reference to the “Supreme Court” pursuant to section 12 Judicature Amendment Act 1979 (1979 No 124).

BE IT THEREFORE ENACTED by the General Assembly of New Zealand in Parliament assembled, and by the authority of the same, as follows:—