Palmerston North Reserves Empowering Act 1966

Palmerston North Reserves Empowering Act 1966

Local Act1966 No 28
Date of assent21 October 1966

An Act to empower the Council of the City of Palmerston North to sell and manage lands vested in it under the Palmerston North Reserves Act 1922

  • The word “Council” was substituted for the word “Corporation” pursuant to section 2(3) Palmerston North Reserves Empowering Amendment Act 1988 (1988 No 2)(L).

BE IT 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 Palmerston North Reserves Empowering Act 1966.

2 Interpretation

  • In this Act, unless the context otherwise requires,—

    Corporation

    [Repealed]

    Corporation: repealed, as from 5 September 1988, by section 2(1) Palmerston North Reserves Empowering Amendment Act 1988 (1988 No 2)(L).

    Council means the Palmerston North City Council.

    Lessee includes the executors and administrators of a lessee.

    “Lessee”: inserted, as from 5 September 1988, by section 2(2) Palmerston North Reserves Empowering Amendment Act 1988 (1988 No 2)(L).

3 Lands vested in the Council

  • The lands described in Schedule 1 and Schedule 4 to this Act are hereby vested in the Council for the purposes of this Act, subject to all leases, encumbrances, liens, and easements to which they are subject at the commencement of this Act but otherwise freed and discharged from all trusts and reservations affecting the same. The said lands shall no longer be subject to the provisions of the Palmerston North Reserves Act 1922 or the Reserves Act 1977, but nothing in this Act shall affect the leases or the rights of lessees in leases issued or existing in respect of the said lands.

    The reference to the “Reserves Act 1977” was substituted, as from 1 April 1978, for a reference to the “Reserves and Domains Act 1953” pursuant to section 125(1) Reserves Act 1977 (1977 No 66).

    The word “Council” was substituted for the word “Corporation” pursuant to section 2(3) Palmerston North Reserves Empowering Amendment Act 1988 (1988 No 2)(L).

    Section 3 was amended, as from 5 September 1988, by section 4(2) Palmerston North Reserves Empowering Amendment Act 1988 (1988 No 2)(L) by inserting the word “First”.

    Section 3 was amended, as from 20 May 2003, by section 4 Palmerston North Reserves Empowering Amendment Act 2003 (2003 No 2)(L) by inserting the words “and Schedule 4” after the expression “Schedule 1”.

4 Lands to be held in trust as an endowment

  • (1) The lands vested in the Council by section 3 of this Act shall be held in trust by the Council as an endowment for the purposes of this Act for the City of Palmerston North and may be leased by the Council under the Local Government Act 1974 or under the Public Bodies Leases Act 1969.

    (2) Extensions, variations and renewals of existing leases of the said lands or any of those transactions may be entered into and executed by the Council in accordance with the provisions of the existing leases. The rents and profits received from the said lands shall be held and from time to time be expended by the Council in and towards the acquisition, development, or maintenance of land for the purposes of recreation, parks, domains, and gardens.

    The reference to the “Local Government Act 1974” in sub (1) was substituted, as from 1 April 1980, for a reference to the “Municipal Corporations Act 1954” pursuant to section 9(1) Local Government Amendment Act 1979 (1979 No 59).

    The reference to the “Public Bodies Leases Act 1969” in subsection (1) was substituted, as from 1 January 1970, for a reference to the “Public Bodies' Leases Act 1908” pursuant to section 28(1)(a) Public Bodies Leases Act 1969 (1969 No 141).

    The word Council in subsection (1) was substituted for the word “Corporation” pursuant to section 2(3) Palmerston North Reserves Empowering Amendment Act 1988 (1988 No 2)(L).

    Subsection (2) was amended, as from 24 October 1969, by section 3 Local Legislation Act 1969 (1969 No 140) by substituting the words “, development, or maintenance” for the words “or development”.

4A Power of sale

  • (1) Subject to this section, the Council may, pursuant to a resolution after notice has been given in accordance with subsection (3) of this section, sell any of the land vested in the Council by section 3 of this Act which is not for the time being leased.

    (1A) The land described in Schedule 4 may be sold only to the Crown and only for the purposes of a State secondary school.

    (2) On the completion of any sale under this section, the land affected shall be freed from the trusts imposed by sections 3 and 4 of this Act.

    (3) Public notice of the time and place of the meeting at which the resolution is to be submitted to the Council and of the purport of the resolution (including the name of and number in the road or some other easily identifiable description of the land) shall be given not less than 14 days before the date of the meeting.

    (4) Where any land vested in the Council is sold pursuant to subsection (1) of this section, the District Land Registrar shall, before registering the transfer of title to the land, be satisfied, by a certificate endorsed on the memorandum of transfer and signed by the principal administrative officer of the Council or by a solicitor of the High Court, that public notice complying with subsection (3) of this section has been properly given.

    (5) No land shall be sold under this section for a price that is less than the capital value of the land, as determined by the Valuer-General under the Valuation of Land Act 1951 not earlier than 6 months before the date of the sale, except with the consent of the Minister of Local Government.

    (6) Nothing in subsections (3) to (5) of this section shall apply in respect of the sale of any land described in Schedule 3 or in Schedule 4 to this Act; and, in respect of any such sale, subsection (1) of this section shall be read as if the words “after notice has been given in accordance with subsection (3) of this section” were omitted.

    Section 4A was inserted, as from 23 July 1993, by section 2 Palmerston North Reserves Empowering Amendment Act 1993 (1993 No 5(L)).

    Subsection (1A) was inserted, as from 20 May 2003, by section 5(2).

    Subsection (6) was amended, as from 20 May 2003, by section 5(1) Palmerston North Reserves Empowering Amendment Act 2003 (2003 No 2)(L) by inserting the words “or in Schedule 4” after the expression “Schedule 3”.

5 Land may be sold to lessees

  • (1) Where any portion of the lands vested in the Council by section 3 of this Act has been leased, the Council may sell and transfer for cash to the lessee thereof the fee simple of the land comprised in the lease if simultaneously the lessee, at his own cost and to the satisfaction of the Council, arranges for the registration of the effective merger of his leasehold interest in the fee simple or otherwise for the effective extinguishment of his leasehold interest.

    (2) The purchase price payable by a lessee for the land he leases shall be the sum of the following amounts:

    • (a) The then current market value of the unimproved value (as defined by the Valuation of Land Act 1951) of the land as determined by a valuer (who shall be a valuer registered under the Valuers Act 1948) or as fixed by the Land Valuation Court.

    • (b) The value as determined by the Council of any improvements on the said land effected by the Council or any previous proprietor of the fee simple estate and not previously purchased by the lessee or any previous lessee; and

    • (c) All valuation, survey, and other expenses of the Council relating to the fixation of the sale price and the sale and transfer of the fee simple to the lessee.

    (3) The Council may however in its discretion take into account any circumstances relating to the lease or any other matters and make a deduction from the amount assessed under subparagraph (a) of the preceding subsection of an amount not exceeding fifteen percentum thereof.

    (4) On completion of any cash sale and transfer the land affected thereby shall be freed from the trusts imposed by sections 3 and 4 of this Act.

    The word Council was substituted for the word “Corporation” pursuant to section 2(3) Palmerston North Reserves Empowering Amendment Act 1988 (1988 No 2)(L).

6 Appeal to the Land Valuation Court

  • (1) Where a lessee notifies the Council that he desires to purchase the fee simple of the land he leases, the Council shall as soon as practicable thereafter determine the purchase price thereof in accordance with the provisions of section 5 of this Act and notify the lessee in writing thereof and of the amounts making up the same.

    (2) Any lessee so notified may, within fourteen days thereafter, appeal to the Land Valuation Court against the determination of the unimproved value under section 5 of this Act.

    (3) Notice of any such appeal shall be given not less than ten clear days before the date of the hearing thereof to the Council, which shall be the Respondent in the appeal.

7 Completion of purchase

  • Two calendar months after the determination of the purchase price by the Council or in the event of an appeal to the Land Valuation Court, two calendar months after the date of the decision thereof, the lessee shall pay to the Council the purchase price in cash.

8 Application of purchase money

  • Subject to section 8A of this Act, where the fee simple of land is sold under this Act, the purchase money shall be paid by the Council to a special account to be known as the Palmerston North Reserves Sales Account and the money, together with any interest accruing thereon from the investment thereof or any part thereof, shall from time to time be applied by the Council in the acquisition of land to be acquired in the name of the council as public reserves for recreation purposes subject to the Reserves and Domains Act 1953 and in the development of such lands.

    The word Council was substituted for the word “Corporation” pursuant to section 2(3) Palmerston North Reserves Empowering Amendment Act 1988 (1988 No 2)(L).

    Section 8 was amended, as from 23 July 1993, by section 3(a) Palmerston North Reserves Empowering Amendment Act 1993 (1993 No 5)(L) by substituting the words “Subject to section 8A of this Act, where” for the word “Where”.

8A Application of purchase money from sale of horticultural nursery

  • (1) Nothing in section 8 of this Act shall require the Council to pay to the Palmerston North Reserves Sales Account, from the proceeds of the sale of land described in Schedule 3 to this Act, a total sum greater than $882,500.

    (2) The Council shall apply any proceeds of the sale of land described in Schedule 3 to this Act not paid into the Palmerston North Reserves Sales Account—

    • (a) First, in the payment of all costs and expenses relating to and incidental to the sale of any such land; and

    • (b) Otherwise, in the acquisition, establishment, and maintenance of a horticultural nursery for use in relation to reserves, parks, domains, and gardens administered by the Council.

    Section 8A was inserted, as from 23 July 1993, by section 4 Palmerston North Reserves Empowering Amendment Act 1993 (1993 No 5)(L).

9 Certificates of title

  • The District Land Registrar for the Wellington Land Registration District shall, on application under seal of the Council and on the deposit with him of such plans and documents as he may require, without fee, register the Council as the proprietor of the land vested in the Council by this Act, or where no certificate of title for the land is in existence or where there is no duplicate of an existing certificate of title, on payment of the prescribed fee, issue a certificate of title for the land in the name of the Council. The said District Land Registrar is hereby empowered and directed to do all such other things as may be necessary to give effect to this Act.

    The word “Council” was substituted for the word “Corporation” pursuant to section 2(3) Palmerston North Reserves Empowering Amendment Act 1988 (1988 No 2)(L).

10 Application for postponement of rent

  • (1) The lessee of any of the land vested in the Council by section 3 of this Act which for the time being is being used exclusively for residential purposes by that lessee or by the spouse of a deceased lessee thereof may apply in writing to the Council for postponement of the rent or any part of the rent payable to the Council under the lease.

    (2) Every such application shall be in the form from time to time prescribed by the Council.

    Sections 10 to 14 were inserted, as from 5 September 1988, by section 3 Palmerston North Reserves Empowering Amendment Act 1988 (1988 No 2)(L).

11 Postponement of rent

  • (1) On receipt of an application under section 10 of this Act, the Council may in its discretion, if it is satisfied after full inquiry that hardship exists or would be caused by non-postponement of the whole or part of the rent, grant the application in whole or in part for such period as it thinks fit, and shall give notice in writing to the lessee of its decision.

    (2) The Council may, if it considers it appropriate, charge interest on the amount of any rent postponed under subsection (1) of this section at such rate as it from time to time determines, not exceeding in any financial year the rate which is, on the commencement of that year, being charged by the bankers of the Council for money owing to them by the Council or which would be chargeable if money were owing.

    Sections 10 to 14 were inserted, as from 5 September 1988, by section 3 Palmerston North Reserves Empowering Amendment Act 1988 (1988 No 2)(L).

12 Registration of charge

  • (1) Any rent payable under a lease of any of the land described in Schedule 1 to this Act which has been, is, or will be postponed under section 11 of this Act (together with any interest on it) shall on registration of the certificate specified in subsection (2) of this section be a charge on the leasehold interest of the lessee in the land in respect of which the rent is payable.

    (2) Where the Council has postponed payment of any rent pursuant to this Act it may deposit in the office of the District Land Registrar for the Wellington Land Registration District a notice in form 1 in Schedule 2 to this Act, signed by the Town Clerk, describing the land and stating that the land is subject to a charge on account of postponed rent, and the Registrar shall register that notice accordingly.

    (3) The registration of one such notice shall be sufficient notification of a charge in respect of all rent on the property the payment of which has been or is postponed by the Council or that may be so postponed after such registration.

    (4) Except with the consent of the Council, no dealing with the leasehold interest in the land by the lessee shall be registered while any charge under this section is registered against the land.

    (5) Where all the rent in respect of which a charge has been registered under this section (together with any interest of it) has been paid to the Council, the Town Clerk shall cause a release of the charge in form 2 in Schedule 2 to this Act to be registered.

    (6) Upon the deposit of that release with the District Land Registrar, the Registrar shall cause the release of the charge to be registered.

    Sections 10 to 14 were inserted, as from 5 September 1988, by section 3 Palmerston North Reserves Empowering Amendment Act 1988 (1988 No 2)(L).

13 When postponed rent to become payable

  • All rent the payment of which has been postponed pursuant to section 11 of this Act shall become due and payable in any of the following events:

    • (a) If the land in respect of which the rent is payable ceases to be used exclusively for residential purposes by the lessee, or the spouse of a deceased lessee, of the land:

    • (b) If the lessee dies without leaving a surviving spouse:

    • (c) If the lessee disposes of the lessee's leasehold interest in the land:

    • (d) If the period of postponement specified by the Council has expired.

    Sections 10 to 14 were inserted, as from 5 September 1988, by section 3 Palmerston North Reserves Empowering Amendment Act 1988 (1988 No 2)(L).

14 Enforcement of charge

  • Where any rent in respect of which a charge has been registered under this Act has become payable pursuant to section 13 of this Act, for the purpose of enforcing the charge the District Court, on application by the Council, may make such order as the Court thinks fit either for payment of the rent or for the sale of the leasehold interest of the lessee in the land or otherwise; and any order for sale shall be carried into effect by the Sheriff in the same manner as in the case of a writ of sale with any modifications that may be necessary or as may be provided by rules of Court in that behalf.

    Sections 10 to 14 were inserted, as from 5 September 1988, by section 3 Palmerston North Reserves Empowering Amendment Act 1988 (1988 No 2)(L).

Schedule 1

  • The heading to this Schedule was amended, as from 5 September 1988, by section 4(1) Palmerston North Reserves Empowering Amendment Act 1988 (1988 No 2)(L) by inserting the word “FIRST”.

DescriptionAreaRegister Book, Volume and Folio (Wellington Registry in each case)
 ARP   
Lots 4, 18, and part Lots 13, 39, 40, 41, 46, 47, 48, DP 2494, part Section 1536, Town of Palmerston North4224.11606/21 part, 606/164 part, 619/72 part, 619/73 part.
Lots 1 to 74, and 77 to 87 DP 6873, part Section 1536, Town of Palmerston North23303.15463/19, 463/22, 463/25, 463/28, 463/31, 463/34, 463/37, 463/40, 463/43, 463/46, 463/49, 463/52, 463/55, 463/58, 463/61, 463/64, 463/67, 463/70, 463/73, 463/76, 463/79, 463/82, 463/85, 463/88, 463/91, 463/96, 463/99, 463/102, 463/105.463/20, 463/23, 463/26, 463/29, 463/32, 463/35, 463/38, 463/41, 463/44, 463/47, 463/50, 463/53, 463/56, 463/59, 463/62, 463/65, 463/68, 463/71, 463/74, 463/77, 463/80, 463/83, 463/86, 463/89, 463/92, 463/97, 463/100, 463/103,463/21, 463/24, 463/27, 463/30, 463/33, 463/36, 463/39, 463/42, 463/45, 463/48, 463/51, 463/54, 463/57, 463/60, 463/63, 463/66, 463/69, 463/72, 463/75, 463/78, 463/81, 463/84, 463/87, 463/90, 463/95, 463/98, 463/101, 463/104,
Part Lots 1 to 3, DP 9824, part Section 1536, Town of Palmerston North1201.97941/86 part.
Lots 2 to 18, DP 11820, part Section 1536, Town of Palmerston North3332.62941/82, 941/83.
Lots 1 to 4, DP 12393, part Section 1536, Town of Palmerston North0319.9941/85.
Lots 4 to 24 and 26 to 33, DP 12394, part Section 1536, Town of Palmerston North6004.97606/163 part, 606/164 part, 619/71, 619/68 part.
Lots 36 to 52, DP 13263, part Section 1536, Town of Palmerston North3116.67619/69, 619/70 part.
Lots 61 to 65, 82 to 84, and 92, 93 DP 13529, part Section 1536, Town of Palmerston North2034.99606/162 part, 606/163 part, 619/68 part.
Lots 53 to 60, DP 13810, part Section 1536, Town of Palmerston North1239.18538/291.
Lots 1 to 4, DP 14215, part Section 1536, Town of Palmerston North103.36619/74 part.
Lots 1 to 3, DP 15502, part Section 1536, Town of Palmerston North0312.72606/162 part.
Lots 67 to 81 and 85 to 95, DP 15192, part Section 1536, Town of Palmerston North6216.52C3/6.
Lots 1 to 8, DP 15809, part Section 1536, Town of Palmerston North1131.04619/66 part.
Lots 1 to 4, DP 15912, part Section 1536, Town of Palmerston North0339.8606/21 part.
Lots 1 to 6, DP 17197, part Section 1536, Town of Palmerston North1114.13619/74 part.
Lots 1 to 4, DP 17249, part Section 1536, Town of Palmerston North0339.68606/21 part.
Lots 1 to 4, DP 17397, part Section 1536, Town of Palmerston North103.84619/70 part.
Lots 1, 2, and 4 to 7, DP 17455, part Section 1536, Town of Palmerston North236.7619/72 part, 619/73 part.
Lots 1 to 5, DP 18271, part Section 1536, Town of Palmerston North1132.48619/72 part, 619/73 part.
Lots 1 to 4, DP 19123, part Section 1536, Town of Palmerston North038.0941/87 part.
Lots 1 to 3, DP 19861, part Section 1536, Town of Palmerston North0320.47619/66 part.
Lots 1 to 5, DP 20075, part Section 1536, Town of Palmerston North032.56606/162 part
Lot 2, DP 20252, part Section 1536, Town of Palmerston North010949/17 part.
Lots 1 and 2, DP 21016, part Section 1536, Town of Palmerston North010949/17 part.

Schedule 2

Section 12(2)

  • This Schedule was inserted, as from 5 September 1988, by section 5 Palmerston North Reserves Empowering Amendment Act 1988 (1988 No 2)(L).

Form 1

.

Notice of land charge for postponed rent To the District Land Registrar Wellington Land Registration District Take notice that the leasehold interest in the land hereinafter described is subject to a charge on account of the total amount of rent from time to time payable to the Palmerston North City Council the payment of which has been postponed by the Council pursuant to section 11 of the Palmerston North Reserves Empowering Act 1966 (as added by section 3 of the Palmerston North Reserves Empowering Amendment Act 1988), and that you are hereby required to register the charge pursuant to section 12 of the former Act (as so added). Description of Land Affected By Charge Name of Registered Proprietor: Name of Lessee: Situation: Area: Description by reference to Section number, etc: Reference to certificate of title: Vol .... fol .... Dated at ........... this ....... day of........19...... . Town Clerk.

Form 2

Section 12(5)

.

Release of registered land charge for postponed rent To the District Land Registrar Wellington Land Registration District I HEREBY certify that the land charge hereinafter referred to has been satisfied, and you are hereby required to register a release of the same accordingly. Description of Land Affected and Reference to Charge Name of Registered Proprietor: Name of Lessee: Situation: Area: Description by reference to Section number, etc: Reference to certificate of title: Vol ..... fol ....... Description of Charge: [Insert particulars as to registered number, etc, sufficient to identify the charge] Dated at this day of 19. Town Clerk.

Schedule 3

Section 8(A)

  • This Schedule was inserted, as from 23 July 1993, by section 5 Palmerston North Reserves Empowering Amendment Act 1993 (1993 No 5)(L).

DescriptionAreaRegister Book Volume and Folio (Wellington Registry)
Lot 5, DP 174555913 square metres10D/535 (all).
Lot 1, DP 182711716 square metres10D/541 (all).
Lots 39, 40, 41, 46, 47, and 48, DP 24949743 square metres10D/543 (all).
Lot 47, DP 13263692 square metres619/70(part).

Schedule 4
Land adjacent to Palmerston North Girls High School vested in Council

ss 3, 4A

  Register Book Volume and Folio (Wellington Registry)
DescriptionArea
Lot 1 DP 907900.8563 hectares57D/857

  • Schedule 4 was inserted, as from 20 May 2003, by section 6 Palmerston North Reserves Empowering Amendment Act 2003 (2003 No 2)(L).