City of Dunedin Leasing Empowering Act 1952

City of Dunedin Leasing Empowering Act 1952

Local Act1952 No 10
Date of assent16 September 1952

An Act to empower the Corporation of the City of Dunedin to vary leases of land granted by the Corporation.

  • Preamble

    WHEREAS it is expedient that the provisions for valuation and renewal in leases of lands of the Corporation of the Mayor, Councillors, and Citizens of the City of Dunedin may be varied or altered as hereinafter provided:

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 City of Dunedin Leasing Empowering Act 1952.

2 Variation of lease by memorandum

  • Notwithstanding anything to the contrary in any other Act, the Mayor, Councillors, and Citizens of the City of Dunedin (in this Act referred to as the Corporation) may by a memorandum of variation vary or alter any lease of land of the Corporation by substituting for the provisions for valuation and renewal and all provisions ancillary or in relation thereto such or similar provisions as or to those set out in Schedule 1 to the Public Bodies' Leases Act 1908:

    Provided that all the costs and expenses of and incidental to the valuation therein provided for shall be paid by the Corporation and the lessee in equal shares.

3 Form of memorandum

  • (1) The memorandum of variation shall be in the form of Form M in Schedule 1 to the Land Transfer Amendment Act 1939, with the necessary modifications, and shall be executed by the Corporation and the lessee for the time being.

    (2) If the land affected by the memorandum of variation is at the time of the registration of the memorandum subject to any mortgage or sub-lease, the memorandum shall not be binding on the mortgagee or sub-lessee unless he has consented thereto in writing on the memorandum.

4 Authority to register memorandum

  • The District Land Registrar is hereby empowered and directed to accept for registration any memorandum of variation before the expiry of the then current term of the lease.