• Preamble

  WHEREAS by a notice published in the Gazette of the twenty-eighth day of January, eighteen hundred and ninety-seven, Reserve No 5, Town of Balclutha, containing an area of one acre, was permanently reserved as a public recreation ground: And whereas by Orders in Council published in the Gazette of the twentieth day of May, eighteen hundred and ninety-seven, the said reserve was declared to be subject to the provisions of The Public Domains Act 1881, and the control thereof was vested in the Balclutha Borough Council (in this Act referred to as the Council) as the Balclutha Domain Board: And whereas by section sixty-one of The Reserves and Other Lands Disposal and Public Bodies Empowering Act 1922, an area of five perches of the said reserve was declared to be an endowment for municipal purposes and to be vested in the Council in trust for those purposes, and another area of fifteen perches of the said reserve was declared to be dedicated as a public street: And whereas the remainder (in this Act referred to as the Domain) of the said reserve has continued to be controlled as a public domain by the Council acting as a Domain Board: And whereas a portion of the area of five perches hereinbefore referred to is used and required for street purposes and it is desirable that the said portion should be dedicated as a public street, and that the remainder should be declared to be a reserve for municipal purposes: And whereas the area of fifteen perches hereinbefore referred to is now found on survey to contain an area of fifteen perches and thirty-two hundredths of a perch: And whereas only a small portion of that area is required for street purposes, and it is desirable that the remaining portion should be closed as a street and declared to be a reserve for municipal purposes: And whereas the Balclutha Municipal Offices and Chambers are situated on the domain: And whereas a portion of the domain is used for street purposes, and it is desirable that the said portion should be dedicated as a public street: And whereas the remainder of the domain could be more conveniently managed, administered and dealt with as a municipal reserve than as a public domain, and it is desirable that the said remainder should be declared to be a reserve for municipal purposes accordingly: And whereas portion of a bowling green used and occupied by the Balclutha Bowling Club is situated on the domain and the remaining portion is situated on a public street known as River Terrace: And whereas portion of the tennis courts used and occupied by the Balclutha Tennis Club is situated on the domain, and the remaining portion is situated on the said River Terrace: And whereas there has been constructed on the said River Terrace a pavilion which is used by the bowling club and the tennis club hereinbefore referred to: And whereas, because of certain flood protection works proposed to be executed, it will be necessary to move the said pavilion and it may be necessary to alter the situation of the bowling green and tennis courts: And whereas the said clubs are desirous of obtaining a lease of the respective areas proposed to be used and occupied by each of them when the situation of the bowling green and tennis courts is altered: And whereas it is desirable that portion of River Terrace should be closed and declared to be a reserve for municipal purposes: And whereas it is desirable that all the areas proposed to be declared reserves for municipal purposes as aforesaid should be vested in the Corporation of the Borough of Balclutha without power of sale but with certain powers of leasing as hereinafter appears:

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