Auckland Improvement Trust Act 1971

Preamble

Whereas certain land in the City of Auckland (in this Preamble referred to as the said land) is vested in the Council of the City of Auckland (in this Preamble referred to as the Council) subject to the provisions of the Auckland Improvement (Albert Barrack Reserves) Act 1872, the Auckland Improvement Act 1873, and the Auckland Improvement Commissioners’ Transfer of Powers Act 1879:

And whereas various difficulties have arisen in connection with the administration of the said land and special provision has been made by section 33 of the Local Legislation Act 1961, section 17 of the Local Legislation Act 1964, section 20 of the Local Legislation Act 1965, and section 22 of the Local Legislation Act 1967, with regard to the said land:

And whereas the part of the land firstly described in Schedule 1 and known as Albert Park is reserved for recreation and amusement:

And whereas the Council is empowered to lease other parts of the said land:

And whereas section 7 of the Auckland Improvement Commissioners’ Transfer of Powers Act 1879 provides that the residual purpose for which money received under that Act may be applied is in works of public utility or ornament, or in furtherance of education, science, and art in the City of Auckland, to be determined by the City Council, but not in any way in reduction or aid of rates, ordinary or special:

And whereas since the year 1879 the powers of expenditure conferred upon municipal corporations generally have been considerably enlarged and expanded and it is now difficult to stipulate a purpose for the expenditure of the residue of the income arising from the said land, and it is expedient that the Council should be empowered to apply such income in its discretion for all or any of the purposes set out in section 8:

And whereas the land fourthly described in Schedule 1 and known as Alten Road Reserve became vested in the Council pursuant to the provisions of the Auckland Reserves Exchange and Change of Trust Act 1881 which enacted that the Council might in its discretion enclose, lay out, and plant the same, or erect any building or buildings for ornamental purposes, but not for making a profit therefrom, but should not otherwise deal with the same:

And whereas it is desirable that provision be made in this Act with regard to the Alten Road Reserve:

And whereas part of the land vested in the Council by the Auckland Improvement Commissioners’ Transfer of Powers Act 1879 was by subsection (1) of section 2 of the Courthouse Sites Exchange Act 1902 vested in His Majesty the King as part of the site of the Magistrate’s Courthouse in the City of Auckland and the land received by the Council in exchange was vested in it for the purposes of a public street, part of which street was later duly stopped:

And whereas part of the stopped street containing 0.5 of a perch, more or less, is included in the residue of the land comprised in certificate of title, Volume 113, folio 13, which residue is part of the land sixthly described in Schedule 1:

And whereas the Council, in the belief that the said part of the stopped street with an area of 0.5 of a perch was part of the said land included it in a lease of parts of the said land:

And whereas it is expedient that the part of stopped street be held by the Council subject to the provisions of this Act and that the leasing of it should be validated:

And whereas in 1956 Her Majesty the Queen acquired for education purposes certain parts of the land vested in the Council by the Auckland Improvement Commissioners’ Transfer of Powers Act 1879 and in exchange therefor caused certain other land to be vested in the Council free of any trusts:

And whereas the Council in the belief it had power so to do, sold and exchanged portions of the land last referred to, and the land received by the Council in those latter exchanges was also vested in it free of any trust:

And whereas it is expedient that the said exchanges and sales should be validated and that the balance of the land received by the Council in the said recited exchanges, being the land ninthly described in Schedule 1 should be held by the Council subject to the provisions of this Act:

And whereas it is desirable that the statutory provisions relating to the said land and to the money and investments comprising the capital and income of the Council’s Improvement Trust Account should be consolidated.

Preamble: amended, on 8 July 1986, by section 2(2) of the Auckland Improvement Trust Amendment Act 1986 (1986 No 3 (L)).