Taranaki County Reserves Act 1966

Taranaki County Reserves Act 1966

Local Act1966 No 2
Date of assent9 August 1966

An Act to make provision for the application of money and rents arising from certain lands vested in the Taranaki County Council, and to validate the application of past money and rents therefrom and to prescribe the purposes for which the Corporation shall hold the lands described in the Schedule hereto as an endowment and to repeal the Taranaki County Reserves Act 1877 and section 41 of the Reserves and other Lands Disposal and Public Bodies Empowering Act 1921-22

  • Preamble

    WHEREAS under the Taranaki County Reserves Act 1877 (in this Act referred to as the Act of 1877) the land described in the Schedule thereto was vested in the Taranaki County Council in trust for the improvement of the Junction Road in the said county: And whereas, consequent upon the implementation of clause 15 of the Schedule to the Special Powers and Contracts Act 1884 and under and by virtue of the provisions of section 41 of the Reserves and Other Lands Disposal and Public Bodies Empowering Act 1921-22 and due to exchanges upon the taking and closing of roads, the land now vested in the Chairman, Councillors, and Inhabitants of the County of Taranaki (in this Act referred to as the Corporation) subject to the provisions of the Act of 1877 is that defined in the Schedule to this Act (such land being also hereinafter referred to as the Junction Road Reserves): And whereas section 3 of the Act of 1877 provided that the Corporation may lease the lands subject to the provisions of that Act by auction or tender for such period and on such conditions as it shall think fit not exceeding forty-two years and apply the rents or profits arising therefrom to the improvements of the said road: And whereas in the year nineteen hundred and twenty a part of the area under the former jurisdiction of the Corporation was severed and as from the first day of April, nineteen hundred and twenty, constituted a new county under the name of the Inglewood County, and under an award subsequently made by the Controller and Auditor-General under section 15 of the Counties Act 1908 on the twenty-third day of December, nineteen hundred and twenty-one, the Corporation was directed to pay to the Inglewood County Council annually 591/1,253 of the net revenue received from the Junction Road Reserves the Corporation being entitled to charge five percent for collection and administration, the said Reserves being still vested in the Corporation: And whereas up till the thirty-first day of March, nineteen hundred and thirty-four, the rents accruing on the Junction Road Reserves were apportioned in accordance with the above-mentioned direction, the balance showing in the Corporation's Junction Road Reserve account having been shown as having been expended on the Junction Road: And whereas from the first day of April, nineteen hundred and thirty-four, any balance in the Corporation's Junction Road Reserve account (after providing for the proportion payable to the Inglewood County Council and costs of collection as aforesaid and carrying forward in each year balances arising from late payments of rent) was transferred to the Mangorei Riding account to offset the Corporation's share of expenditure on the said Junction Road which had been designated a main highway under the control and management of the Corporation: And whereas on or about the first day of December, nineteen hundred and thirty-six, the Junction Road between New Plymouth and Inglewood was designated a State highway under the control and management of the Main Highways Board and any balance (after making the apportionment and provision above referred to) in the Corporation's Junction Road Reserve account was transferred to its Mangorei Riding account and used for expenditure on roads within the Mangorei Riding: And whereas on the thirty-first day of March, nineteen hundred and fifty-three, riding accounts having been abolished, the balance in the Mangorei Riding account was transferred to the Corporation's general account, and since that date balances in the Corporation's Junction Road Reserve account (after making the apportionment and provisions above referred to) have been transferred to the general account: And whereas income from the Junction Road Reserves has from time to time been derived from leases of the said reserves under the provisions of the Public Bodies Leases Act 1908 containing provisions enabling the leases to be renewed for successive periods which, if considered part of the original terms of the leases would exceed the maximum period of forty-two years prescribed for leases by section 3 of the Act of 1877: And whereas doubts have arisen as to the validity of the aforesaid leases and also as to the validity of the appropriation by the Corporation as hereinbefore set forth of the income from the Junction Road Reserves and it is desirable to remove those doubts and validate the same and to repeal the Act of 1877, and section 41 of the Reserves and Other Lands Disposal and Public Bodies Empowering Act 1921-22, and to prescribe the purposes for which the Corporation shall hold the lands described in the Schedule hereto and the application of the income therefrom:

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 Taranaki County Reserves Act 1966.

2 Vesting

  • The land described in the Schedule hereto is hereby declared to be vested in the Corporation for an estate in fee simple as an endowment for county purposes subject to existing leases and subject to the provisions of sections 3 and 4 hereof. The District Land Registrar for the Land Registration District of Taranaki is hereby authorised and directed to make such entries in the register book and to do all such other things as may be necessary to give effect to the provisions of this Act.

3 Power to lease

  • The Corporation may lease the land described in the Schedule hereto or any part thereof under the provisions of the Public Bodies Leases Act 1908.

4 Application of revenue from endowment

  • All money received by the Corporation in respect of the land described in the Schedule hereto shall be placed to the credit of a separate account and, after payment thereout of the costs of promoting this Act and of investigating all matters preparatory and incidental thereto, including all disbursements and legal expenses whether incurred by the Corporation or the Inglewood County Council, shall be applied annually towards the following purposes:

    • (a) In payment of five percent of the annual income to the Corporation to cover costs of collection and administration:

    • (b) In payment of any costs and expenses incurred by the Corporation in the exercise of its powers as lessor for the protection of the said endowments other than in the normal course of administration:

    • (c) The division of the balance into one thousand two hundred and fifty-three parts and the payment to the Inglewood County Council of five hundred and ninety-one such parts and the retention by the Corporation of six hundred and sixty-two such parts; and

      • (i) The use by the Corporation and the Inglewood County Council of their respective proportions of the net income in satisfaction of their respective liability (if any) in connection with the maintenance and improvement of part of the Junction Road which may still be within the respective County boundaries:

      • (ii) The appropriation by the Corporation and Inglewood County Council of their respective surpluses in any year towards their share of any other road works in the respective counties.

5 Validation of application of income from reserves and validation of leases

  • (1) The application by the Corporation of the income derived from the lands described in the Schedule hereto as heretofore made is hereby validated and declared to have been lawfully made.

    (2) All deeds of lease, memoranda of lease and agreements to lease hitherto granted by the Corporation of any portion of the land described in the Schedule hereto are hereby validated and are hereby declared to be and always to have been effective, valid, and binding in all respects between the Corporation and the respective lessees.

6 Repeals
7 Commencement

  • This Act shall be deemed to have come into force on the first day of April, nineteen hundred and sixty-six.

Schedule
Taranaki Land District—Inglewood County

SECTIONS 65, 75, 96, and 153, Tarurutangi District situated in Blocks III and IV, Egmont Survey District: Area, 179 acres 3 roods 20·5 perches, more or less. All certificate of title, Volume 87, folio 65.

Section 103, Tarurutangi District situated in Block IV, Egmont Survey District: Area, 60 acres, more or less. Part certificate of title, Volume 92, folio 228.

Part Section 71 (DP 4557), Tarurutangi District situated in Block XI, Paritutu Survey District: Area, 59 acres 2 roods 15·3 perches, more or less. Balance of certificate of title, Volume 133, folio 152.

Sections 69 and 115 and part Section 110, Tarurutangi District situated in Block XI, Paritutu Survey District, and Block III, Egmont Survey District, and Section 1, Block XI, Paritutu Survey District: Area, 166 acres 2 roods 26·8 perches, more or less. Part certificate of title, Volume 133, folio 254.

Taranaki County

SECTION 130, Hua and Waiwakaiho Hundred situated in Block VI, Egmont Survey District: Area, 60 acres 3 roods 25 perches, more or less. All certificate of title, Volume 90, folio 292.

Part Section 38, Tarurutangi District situated in Block XI, Paritutu Survey District: Area, 58 acres 3 roods 29 perches. Part certificate of title, Volume 92, folio 228.

Sections 126 and 127, Hua and Waiwakaiho Hundred situated in Block VI, Egmont Survey District: Area, 126 acres 1 rood 8 perches, more or less. Balance certificate of title, Volume 92, folio 170.

Section 94 and part Section 138, Hua and Waiwakaiho Hundred situated in Blocks II and VII, Egmont Survey District: Area, 120 acres 3 roods 37·4 perches, more or less. Balance certificate of title, Volume 92, folio 229.

Section 152, Hua and Waiwakaiho Hundred situated in Block II, Egmont Survey District, and Section 81, Tarurutangi District situated in Block XI, Paritutu Survey District: Area, 116 acres and 37 perches, more or less. All certificate of title, Volume 93, folio 62.

Sections 100, 217, and 218, and part Section 102, Hua and Waiwakaiho Hundred situated in Block II, Egmont Survey District: Area, 121 acres 3 roods 32·03 perches, more or less. All certificate of title, Volume 93, folio 155.

Section 24, Tarurutangi District situated in Block VII, Paritutu Survey District: Area, 93 acres 3 roods 32 perches, more or less. Part certificate of title, Volume 133, folio 254.

Section 148, Hua and Waiwakaiho Hundred situated in Block VI, Egmont Survey District: Area, 61 acres 3 roods 30 perches, more or less. All certificate of title, Volume 151, folio 254.

Section 106, Hua and Waiwakaiho Hundred situated in Block VI, Egmont Survey District: Area, 60 acres, more or less. All certificate of title, Volume 154, folio 185.

Section 156, Hua and Waiwakaiho Hundred situated in Block VI, Egmont Survey District: Area, 59 acres, more or less. All certificate of title, Volume 156, folio 92.

All Taranaki Registry.