Otago Regional Council (Kuriwao Endowment Lands) Act 1994

Reprint
as at 1 June 2002

Crest

Otago Regional Council (Kuriwao Endowment Lands) Act 1994

Local Act1994 No 4
Date of assent16 September 1994
Commencement16 September 1994

Note

Changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in this reprint.

A general outline of these changes is set out in the notes at the end of this reprint, together with other explanatory material about this reprint.


An Act to—

  • (a) confirm the vesting of land in the Otago Regional Council:

  • (b) redefine the purposes for which the land is held by the Otago Regional Council:

  • (c) recognise existing leases of the land:

  • (d) transfer the lessor's interest in leases of the land to the Otago Regional Council:

  • (e) empower the Otago Regional Council to dispose of the land:

  • (f) define the purposes for which any proceeds from the land may be used

  • Preamble

    Whereas—

    • (a) land was vested in the Board of Conservators of the Clutha River Trust under the Clutha River Trust Reserves Act 1874 for the purposes set out in that Act and varied by the Clutha Rivers Conservators Board Act 1875:

    • (b) the land was transferred to the Clutha River Board under the River Boards Act 1884:

    • (c) the Clutha River Board was dissolved by section 29 of the Lower Clutha River Improvement Act 1938:

    • (d) under the Lower Clutha River Improvement Act 1938 the land was transferred to the Lower Clutha River Trust:

    • (e) under section 31 of the Lower Clutha River Improvement Act 1938 income from the land was to be applied—

      • (i) in payment of the interest, sinking fund, and other charges on any loan raised by the Clutha River Board:

      • (ii) towards payment of the cost of carrying on the steamer service formerly carried on by the Clutha River Board:

      • (iii) towards payment of interest, sinking fund, and other charges on any loan raised by the Trust for river works only:

      • (iv) in such other manner as the Lower Clutha River Trust may think fit for the carrying out or maintenance of any drainage or river works by the Trust or towards its general administrative expenses:

    • (f) by Order in Council made on 25 February 1952 and published in the Gazette of 28 February 1952, the Lower Clutha River Trust was dissolved and the land and powers and functions of the Trust were transferred to the Otago Catchment Board:

    • (g) under the Local Government (Otago Region) Reorganisation Order 1989 the land was transferred to the Otago Regional Council:

    • (h) notwithstanding this vesting of the land, it has been administered by the Crown and leased under the Land Act 1948:

    • (i) many of the purposes for which the land is held are now obsolete:

    • (j) it is desired to—

      • (i) confirm that the land is vested in the Otago Regional Council; and

      • (ii) redefine the purposes for which the land is held by the Otago Regional Council; and

      • (iii) recognise the existing leases of the land; and

      • (iv) transfer the lessor's interest in leases of the land to the Otago Regional Council; and

      • (v) empower the Otago Regional Council to dispose of the land; and

      • (vi) define the purposes for which any of the proceeds from the sale of the land may be used.

1 Short Title
  • This Act may be cited as the Otago Regional Council (Kuriwao Endowment Lands) Act 1994.

2 Act to bind Crown
  • This Act shall bind the Crown.

3 Interpretation
  • (1) In this Act, unless the context otherwise requires,—

    Council means the Otago Regional Council constituted by clause 9 of the Local Government (Otago Region) Reorganisation Order 1989

    existing lease means any lease of the land which is in effect at the commencement of this Act and has not expired; and includes—

    • (a) any lease granted in exchange for any existing lease under section 126 or section 126A of the Land Act 1948; and

    • (b) any lease granted in a subdivision of any holding subject to any existing lease under section 93 of the Land Act 1948

    expired lease means any lease of the land, containing a right of renewal, which has expired and has not been renewed at the commencement of this Act, and where the lessee has remained in occupation of the land subject to the lease and is entitled in accordance with the provisions of that lease to obtain a renewed lease

    land means the land described in Schedule 1; and includes any part of the land

    lease means any lease, licence, or other form of lawful occupation of the land or any part of the land

    Lower Clutha District means the area described in Schedule 2

    Registrar means the Registrar for the Otago Land Registration District

    renewal lease means any lease renewed in accordance with section 10

    works means any works which the Council is authorised to conduct, undertake, establish, manage, operate, or maintain, and every use of land for any work which the Council is authorised to construct, undertake, establish, operate, or maintain under any of the enactments referred to in section 5; and includes anything required directly or indirectly for any such work or use.

    (2) Where the provisions of the Land Act 1948 apply to any lease of land affected by this Act, every reference in the Land Act 1948 to the Minister, Commissioner, or Board shall be deemed to be a reference to the Council in respect of the lease.

    Section 3(1) District Land Registrar: repealed, on 1 June 2002, pursuant to section 38(2) of the Land Transfer (Computer Registers and Electronic Lodgement) Amendment Act 2002 (2002 No 11).

    Section 3(1) Registrar: inserted, on 1 June 2002, pursuant to section 38(2) of the Land Transfer (Computer Registers and Electronic Lodgement) Amendment Act 2002 (2002 No 11).

Part 1
Lower Clutha District

4 Lower Clutha District
  • The area described in Schedule 2 is hereby constituted as the Lower Clutha District.

5 Functions of Council
  • The Council shall have, in respect of the Lower Clutha District,—

    • (d) any other functions, duties, or powers conferred on a regional council, Land Drainage Board, or River Board under any other enactment.

Part 2
Vesting and purposes

6 Vesting of land
  • (1) The estate in fee simple in the land is hereby declared to be vested in the Council.

    (2) The Council is deemed to be and always to have been the lessor in respect of any lease of the land.

7 Purposes
  • (1) The Council shall hold—

    • (a) the land declared to be vested in the Council by section 6; and

    • (b) the Council's interest as lessor in any lease; and

    • (c) any profits, incomes or gains derived from the land; and

    • (d) any proceeds received by the Council from the sale or other disposition of the land; and

    • (e) any profits, income, or gains derived from any proceeds received by the Council from the sale or other disposition of the land—

    upon trust—

    • (f) to pay firstly the costs, charges, and expenses reasonably incurred by the Council in administering the land, any leases of the land, or any funds obtained by the sale or other disposition of the land:

    • (g) to use the balance (if any) for, as the Council, in its absolute discretion, thinks fit,—

      • (i) works for the benefit of the Lower Clutha District:

      • (ii) servicing any loans raised for works for the benefit of the Lower Clutha Special Rating District:

      • (iii) carrying out the functions, performing the duties, and exercising the powers of the Council under section 5 for the benefit of the Lower Clutha District, including the Council's general administration expenses incurred in respect of the Lower Clutha District.

    (2) Notwithstanding any rule of law or enactment to the contrary the Council may, in its absolute discretion, accumulate income derived from the land.

8 Management of funds
  • (1) The Council shall show in a separately identified account in its financial records—

    • (a) all profits, income or gains derived from the land; and

    • (b) any proceeds from the sale or other disposition of the land; and

    • (c) any profits, income, or gains derived by the Council from the proceeds of sale or other disposition of the land.

    (2) The Council shall have all the powers and duties of trustees in the investment of trust funds that are contained in Part 2 of the Trustee Act 1956.

Part 3
Leases

9 Existing leases
  • (1) Subject to this Act—

    • (a) the declaration that the land is vested in the Council is subject to all existing leases of the land:

    • (b) all existing leases shall be deemed to have been granted by the Council as lessor:

    • (c) the Council shall have all the rights, powers, and obligations of the lessor under existing leases:

    • (d) the provisions of the Land Act 1948 shall continue to apply to existing leases as if—

      • (i) leases which are renewable leases were renewable leases of Crown land under that Act:

      • (ii) leases which are pastoral leases were pastoral leases of Crown land under that Act.

    (2) In applying the Land Act 1948 to any existing lease, any expired lease, or any renewal lease, every reference in that Act to the Crown, Her Majesty, the Minister of Lands, the Commissioner, the department, the Director-General, the Land Settlement Board, or the Board shall be read as a reference to the Council.

10 Expired leases
  • Subject to this Act, where—

    • (a) any lease containing a right of renewal has expired; and

    • (b) the lease has not been renewed at the commencement of this Act; and

    • (c) the lessee remains in occupation of the land subject to the expired lease and is entitled under the terms of the expired lease to obtain a renewal of that lease—

    then—

    • (d) nothing in this Act shall affect any right of the lessee to obtain a renewal lease under the terms and conditions of the expired lease:

    • (e) the provisions of section 125 and Part 8 of the Land Act 1948 shall apply to the renewal of such leases and the determination of the rent on renewal:

    • (f) the expired lease shall be deemed to have been granted by the Council as lessor:

    • (g) the Council shall have all the rights, powers, and obligations of the lessor under the expired lease and any renewal lease:

    • (h) the lessee shall have all the rights, powers, and obligations of the lessee under the expired lease and any renewal lease:

    • (i) the renewal lease shall be in the same form and contain the same terms and conditions (except as to rental and as otherwise provided in this Act) as the expired lease:

    • (j) the provisions of the Land Act 1948 shall apply to the expired lease and the renewal lease as if such leases were leases of Crown land granted under that Act.

11 Rebates on payments
  • In respect of leases to which this Act applies, section 85 of the Land Act 1948 shall be read as if—

    • (a) references in that section to the Minister of Finance were references to the Council:

    • (b) the words within 1 month after the day appointed for the payment thereof in subsections (1), (2), and (3) were omitted, and the words on or before the day appointed for payment substituted.

12 Leases of vacant land
  • Where, on the commencement of this Act or at any later time, any part of the land is vacant, the Council may grant a lease of that part of the land under the Public Bodies Leases Act 1969; and the provisions of that Act shall apply accordingly.

Part 4
Sale of land

13 Sale of land
  • (1) Notwithstanding any other enactment, the Council may, by resolution made after public notice has been given in accordance with subsection (2), sell or exchange the whole or any part of the land.

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

    (3) In the case of an exchange, the Council may give or receive any money for equality of exchange.

    (4) Before any transfer of land is registered, the Registrar shall be satisfied by a certificate from the principal administrative officer of the Council or a solicitor of the High Court that public notice complying with subsection (2) has been properly given.

    (5) In the case of a sale, the land shall be sold for a price not less than the capital value of the land as determined by a registered valuer not earlier than 6 months before the date of sale.

    (6) In the case of an exchange, the total of—

    • (a) the capital value of the land received in exchange, as determined by a registered valuer not earlier than 6 months before the date of exchange; and

    • (b) any money received or paid by the Council by way of equality of exchange—

    shall not be less than the capital value of the land given by Council in exchange as determined by a registered valuer not earlier than 6 months before the date of the exchange.

    (7) The Minister of Local Government may consent to a sale or exchange of land otherwise than in accordance with subsections (5) and (6).

    (8) Nothing in section 230 of the Local Government Act 1974 or in any other enactment shall apply to any sale or exchange of land under this section.

    (9) Any land so sold or exchanged shall thereupon be free of all trusts, reservations, or restrictions affecting it.

    (10) This section shall not apply to any part of the land leased under the Land Act 1948.

    Section 13(4): amended, on 1 June 2002, pursuant to section 38(2) of the Land Transfer (Computer Registers and Electronic Lodgement) Amendment Act 2002 (2002 No 11).

    Section 13(5): amended, on 1 July 1998, by section 54(1) of the Rating Valuations Act 1998 (1998 No 69).

    Section 13(6): amended, on 1 July 1998, pursuant to section 54(1) of the Rating Valuations Act 1998 (1998 No 69).

    Section 13(6)(a): amended, on 1 July 1998, pursuant to section 54(1) of the Rating Valuations Act 1998 (1998 No 69).

14 Freeholding
  • (1) The Council may sell the estate in fee simple in any part of the land leased under the Land Act 1948 to the lessee of that part of the land in accordance with this section.

    (2) The land so sold shall thereupon be free of all trusts, reservations or restrictions affecting it.

    (3) The Council shall be responsible for any necessary survey to determine the boundaries of the land to be sold under this section and shall, subject to subsection (5)(b), pay all the costs of such survey.

    (4) The provisions of Part 7 of the Land Act 1948 shall apply, with any necessary modifications, to any such sale.

    (5) In addition to the purchase price determined under Part 7 of the Land Act 1948, the purchaser shall pay to the Council—

    • (a) all fees necessary to obtain title, including fees payable to the Registrar; and

    • (b) all fees payable in respect of any subdivision of the land or part of the land formerly occupied by the purchaser under any lease:

    • (c) all fees payable for any necessary consent, permit, or approval under any enactment.

    (6) Subject to subsections (2), (3), (4), and (5), any other terms and conditions of sale may be negotiated and agreed by the parties.

    (7) Nothing in section 230 of the Local Government Act 1974 shall apply to any such sale.

    (8) This section shall not apply to any part of the land which is not subject to a lease or which is subject to a lease under the Public Bodies Leases Act 1969.

    Section 14(5)(a): amended, on 1 June 2002, pursuant to section 38(2) of the Land Transfer (Computer Registers and Electronic Lodgement) Amendment Act 2002 (2002 No 11).

Part 5
Encumbrances

15 Encumbrances
  • (1) Nothing in this Act shall affect any existing encumbrance over the land or over any interest in the land under any lease.

    (2) If any new lease is granted under this Act—

    • (a) the Registrar shall record on the certificate of title or, if appropriate, on the lease all encumbrances, liens, and interests registered against the previous lease in order of their registered priority:

    • (b) the new lease shall be subject to all such encumbrances, liens, and interests as if they had been created in respect of the new lease.

    (3) Where any lessee acquires an estate in fee simple in the land previously held by the lessee under any lease—

    • (a) the Registrar shall record on the certificate of title issued all existing encumbrances, liens, and interests in order of their registered priority before issuing the certificate of title in the name of the lessee as registered proprietor of the estate in fee simple:

    • (b) the estate in fee simple shall be subject to all such encumbrances, liens, and interests as if they had been created in respect of that estate.

    (4) Where any lease is renewed under this Act, the lease granted on renewal shall be subject to all encumbrances, liens, and interests registered against the previous lease in order of their registered priority.

    Section 15(2)(a): amended, on 1 June 2002, pursuant to section 38(2) of the Land Transfer (Computer Registers and Electronic Lodgement) Amendment Act 2002 (2002 No 11).

    Section 15(3)(a): amended, on 1 June 2002, pursuant to section 38(2) of the Land Transfer (Computer Registers and Electronic Lodgement) Amendment Act 2002 (2002 No 11).

Part 6
Miscellaneous provisions

16 Alternative means of determining rental
  • If—

    • (a) in accordance with this Act any lease is treated as if it were a renewable lease of Crown land under the Land Act 1948; and

    • (b) the rent is reviewed in accordance with the Land Act 1948 and the terms of the lease; and

    • (c) the lessee does not accept the rent determined by or on behalf of the Council—

    the Council and the lessee may agree that, instead of the new rent being determined by the Land Valuation Tribunal under section 133 of the Land Act 1948, the rent shall be determined by arbitration in accordance with Schedule 3 of this Act.

17 Survey on renewal
  • (1) The Council may, on renewal of any lease, at its own cost, resurvey the area actually occupied by the lessee under the expired lease and may, on granting a renewal lease, describe the land leased so that it corresponds with the land actually occupied under the expired lease.

    (2) Where the land is resurveyed and the description of the land altered under subsection (1), the rental payable under the renewal lease shall be assessed on the basis of the area and description of the land to be contained in the renewal lease.

18 Other powers of Registrar
  • (1) The Registrar is authorised and directed to make all entries in the registers for the Otago Land District and do all other things necessary to give effect to this Act.

    (2) The Registrar is authorised and directed to issue certificates of title, in the name of the Council as the registered proprietor of the estate in fee simple, for the whole or any part of the land as the Council may in writing request upon the completion of any survey and the deposit of any plans, and the payment of any fee, the Registrar may require.

    (3) The Registrar is authorised and directed to register any lease granted or renewed under this Act upon presentation of the lease for registration, and on payment of the appropriate fee.

    Section 18 heading: amended, on 1 June 2002, pursuant to section 38(2) of the Land Transfer (Computer Registers and Electronic Lodgement) Amendment Act 2002 (2002 No 11).

    Section 18(1): amended, on 1 June 2002, pursuant to section 38(2) of the Land Transfer (Computer Registers and Electronic Lodgement) Amendment Act 2002 (2002 No 11).

    Section 18(2): amended, on 1 June 2002, pursuant to section 38(2) of the Land Transfer (Computer Registers and Electronic Lodgement) Amendment Act 2002 (2002 No 11).

    Section 18(3): amended, on 1 June 2002, pursuant to section 38(2) of the Land Transfer (Computer Registers and Electronic Lodgement) Amendment Act 2002 (2002 No 11).

19 Records
  • The Crown shall, on the commencement of this Act, deliver to the Council all records held by the Crown relating to the administration of the land and leases of the land, including the collection and disbursement of rent, renewals of expired leases of the land, and the conduct of proceedings to determine rentals payable in each case where the lessee has exercised the right of renewal of an expired lease or lease which is due to expire.

20 Accounts
  • (1) The Crown shall, on the commencement of this Act, account to the Council for all money from the land held by the Crown.

    (2) The Crown shall be entitled to a commission of 5% from money paid pursuant to subsection (1).

    (3) The Crown shall not be entitled to deduct any other costs or disbursements for administering the land or leases, or obtaining renewals of any expired lease, or obtaining vacant possession of any land.

    (4) The Crown shall pay to the Council, out of money appropriated by Parliament for the purpose, the balance of the money due to the Council pursuant to subsection (1) after the deduction of the commission to which the Crown is entitled.

21 Delegation
  • (1) The Council may, by resolution, delegate to any councillor, Committee of Council, or officer of the Council all or any powers exercisable by the Council (other than this power of delegation) under this Act, the Land Act 1948, the Public Bodies Leases Act 1969, and any lease of the land.

    (2) Any delegation may be subject to any special or general directions.

    (3) The delegation under this section shall remain in force until expressly revoked by resolution of the Council.

    (4) Every delegate may exercise the powers delegated in the same manner and with the same effect as if those powers had been conferred on the delegate directly by this section.

    (5) No delegation shall be affected by any vacancy on the Council or the holding of any election for the Council.

    (6) Any delegation may be made to a specific office of Council or to an identified person employed as an officer of the Council.

    (7) No delegation to a specified office of the Council shall be affected by any vacancy in that office, and the powers delegated may be exercised by any person for the time being holding that office or being authorised to exercise the powers of the holder of that office.

    (8) No delegation to a named officer of the Council shall be affected by that person ceasing to hold the office held when the delegation was made, and the delegation shall continue to have effect as if made to the person for the time being holding that office or, if there is no person holding that office, to any person for the time being authorised to exercise the powers of the holder of that office.

    (9) The exercise by any person of any power of the Council which may be delegated under this section shall be sufficient evidence of the delegation in the absence of evidence to the contrary.

    (10) No delegation shall prevent the exercise of any power by the Council.

22 Repeals
  • (1) The following enactments are hereby repealed:

    • (a) the Lower Clutha River Improvement Act 1938:

    • (b) the Lower Clutha River Improvement Amendment Act 1939:

    • (c) Amendment(s) incorporated in the Act(s).

    (2) Notwithstanding the repeal of the Lower Clutha River Improvement Act 1938, the Lower Clutha River Improvement Amendment Act 1943 shall continue to have full force and effect.


Schedule 1
Kuriwao endowment lands

s 3(1)

The land subject to this Act is the following land situated in the Otago Land District:

Area (ha)Description Certificate of Title No
481.8310Sections 7, 8, 15, 16 & 17, Block VIII, Kuriwao Survey District All 348/68
289.7119Sections 1 & 3, Block VI, Catlins Survey District All 348/125
490.3146Sections 5, 6, 12 & 13, Block VIII, Kuriwao Survey District All 348/112
502.5446Sections 4, 5, 25 & 26 & Part Sections 2 & 3, Block IX, Kuriwao Survey District Bal. 362/70
1841/2539Sections 9, 10, 11 & 14, Block VIII, Sections 9, 10, 11 & 23, Block IX and Section 1, Block XI, Kuriwao Survey District All 362/154
377.1038Sections 1, 6 & 7, Block X, Kuriwao Survey District All 348/178
348.7530Sections 6, 7 & 8, Block IX, Kuriwao Survey District All 369/92
260.8675Sections 3 & 4, Block VIII and Section 24 & Part Section 1, Block IX, Kuriwao Survey District Bal. 369/89
1228.2209Section 3, Block XII, Kuriwao Survey District All B2/724
125.2831Section 2, Block VIII, Kuriwao Survey District All 2C/195
796.1921Sections 3, 4, 10, 11, 14, 17, 19, 25 & 26, Block VII and Sections 5 & 6, Block XII, Kuriwao Survey District Bal. 6C/1455
843.0040Sections 13, 16, 18, 21, 22, 23 & 24, Block VII and Section 4, Block XII, Kuriwao Survey District All 6C/1454
666.9622Sections 7 & 8, Block XII, Kuriwao Survey District and Run 789 situated in Block VI, Slopedown Survey District & Block VII, Kuriwao Survey District All 9A/426
3205.1103Run 719 situated in Blocks X & XI, Kuriwao Survey District, Block III, Rimu Survey District, Block VIII, Warepa Survey District & Block VI, Catlins Survey District All B2/653
1796.8043Run 720 situated in Blocks II, III & VII, Rimu Survey District All A2/1266
1316.8471Run 786 situated in Blocks X & XI, Kuriwao Survey District & Blocks II & III, Rimu Survey District All 4D/416
1300.0000Run 806 situated in Block VI, Slopedown Survey District & Blocks VII, X, XI & XII, Kuriwao Survey District All 15A/8
847.1000Sections 1, 2, 3, 4 & 5, SO 23283 Bal. 386/2
16717.9043 ha   

Schedule 2
Lower Clutha District

s 4

1 Balclutha subdivision
  • All that area in the Otago Land District, being the Borough of Balclutha, as described in the Gazette, 17 March 1938, No 19, at page 489, including that portion of the Clutha River, the bed thereof, and the islands therein contained within the said borough.

    Also all that area in the Clutha County, being the Clutha River, the bed thereof, and the islands therein, bounded on the north by a line across the said river in prolongation of the northern boundary of Section 11, Block XXXVI, Clutha Survey District, on the east generally by the left bank of the said river, and by the western boundary of the Borough of Balclutha hereinbefore described on the south and west generally by the right bank of the said river.

    Also all that area in the Otago Land District, being the Clutha River, the bed thereof, and the islands therein, bounded as follows: commencing at a point on the right bank of the said river, in prolongation of the northern boundary of Section 11, Block XXXVI, Clutha Survey District and proceeding thence in an easterly direction across the said river by a line in prolongation of the northern boundary of Section 11 aforesaid to the left bank of the said river; thence generally in a northwesterly direction along the left bank of the said river to a point thereon, in prolongation of the original southern boundary of Section 8, Block V, Teviot Survey District, which said Section 8 is now included in Section 48, Block V, Teviot Survey District; thence in a westerly direction across the said river by a line in prolongation of the southern boundary of Section 8 aforesaid to the right bank of the said river; thence generally in a south easterly direction to the point of commencement.

2 Kaitangata subdivision
  • All that area in the Otago Land District, being the Borough of Kaitangata as described in Gazette, 4 August 1887, No 51, at page 1038.

3 Inch-Clutha subdivision
  • All that area in the Otago Land District situated in Bruce County, being the area described in the Schedule to the Inch-Clutha Road, River and Drainage Amendment Act 1921–22.

    Also all that area in the Otago Land District situated in the counties of Bruce and Clutha, being the Clutha River, the Matau and Koau branches of the said river, the bed thereof and the islands therein; from the southern boundary of the Borough of Balclutha to the Pacific Ocean.

    Also all that area in the Otago Land District situated in Bruce County, being Sections 1, 2, and 3, Block XVII, Coast Survey District, and public roads adjoining the said Sections 1, 2, and 3.

4 Matau subdivision
  • All that area in the Otago Land District situated in Bruce County being the Matau River District, as defined in Gazette, 5 February 1920, No 19 at page 428, excepting thereout such portion of the Borough of Kaitangata, hereinbefore described, as is included in the description of the aforesaid Matau River District.

    Also all that area in the Otago Land District situated in Bruce County, being parts of Blocks I and II, North Molyneux Survey District, and bounded as follows: Commencing at a point on the left bank of the Matau Branch of the Clutha River in prolongation of the northern boundary of Allotment No. 2 on a plan deposited in the Lands and Deeds Registry Office, at Dunedin, under No. 2344, and proceeding thence in an easterly direction along the southern side of a public road forming the northern boundary of Allotment No. 2 aforesaid, to the north-eastern corner thereof; thence generally in a southerly direction along a public road forming the eastern boundary of Allotment No. 2 aforesaid, intersecting Allotment No. 1 on the said plan, and forming the eastern boundary of Allotment No. 3 on the said plan, to the eastern corner thereof; thence in a southerly direction, across a public road, and along the western side of a public road intersecting Sections 3 and 2, Block I, in the aforesaid District, to the north-eastern boundary of the last-mentioned Section 2; thence in a southerly direction along the north-eastern boundary of Section 2 aforesaid, and Section 1, Block I, in the aforesaid district to the south-eastern corner of Section 1, last mentioned; thence across a public road to a point on the high-water mark of the Pacific Ocean, in prolongation of the north-eastern boundary of Section 1 aforesaid; thence in a westerly direction along the high-water mark of the Pacific Ocean to a point thereon in prolongation of the western boundary of the last mentioned Section 1; thence generally in a northerly direction along a public road, and along the left bank of the Matau Branch of the Clutha District to the point of commencement.

5 Otanomomo subdivision
  • All that area in the Otago Land District situated in the Clutha County, being the Otanomomo River District, as described in Gazette, 29 January 1914, No 19, at page 294.

    Also all that area in the Otago Land District situated in the Clutha County, being public roads and parts of Sections 14, 15, 17, 18 and 19, Block XXXIII, Clutha Survey District, bounded on the south by the Otanomomo River District hereinbefore described, on the west by a railway reserve, on the north by a railway reserve, and on the east by the right bank of the Koau Branch of the Clutha River.

    Also all that area in the Otago Land District situated in the Clutha County, being parts of Sections 9, 10 and 11, Block XXXV, Clutha Survey District, bounded on the north by the Clutha River, on the east by the eastern boundary of Section 9 aforesaid, which said boundary forms in part the western boundary of the Borough of Balclutha herewith described, on the south by public roads, and on the west by the western boundary of Section 11 aforesaid.


Schedule 3

s 16

Where, pursuant to section 16, the Council and the lessee agree that a new rent shall be determined by arbitration, the following provisions shall apply:

  • 1The arbitration shall be conducted by a sole arbitrator to be agreed on by the parties.

  • 2The person appointed as arbitrator need not be a registered valuer.

  • 3The arbitrator shall determine the rent payable by the lessee in accordance with section 131(1), (2), (3), (4) and (5) or section 132A(1) of the Land Act 1948, as the case may be.

  • 4The arbitrator shall give each party the opportunity to adduce evidence, either orally or in writing, in accordance with the procedures prescribed by the arbitrator.

  • 5The arbitrator shall give written notice of the decision to the parties.

  • 6The arbitrator's decision shall provide how the costs of arbitration are to be borne.

  • 7The arbitrator's decision on the rent and costs shall be final and binding on the parties.

  • 8These provisions for arbitration shall be deemed to be a submission to arbitration for the purposes of the Arbitration Act 1996, and that Act shall, so far as applicable, apply.

  • Schedule 3 item 8: amended, on 1 July 1997, pursuant to section 20 of the Arbitration Act 1996 (1996 No 99).


Contents

  • 1General

  • 2Status of reprints

  • 3How reprints are prepared

  • 4Changes made under section 17C of the Acts and Regulations Publication Act 1989

  • 5List of amendments incorporated in this reprint (most recent first)


Notes
1 General
  • This is a reprint of the Otago Regional Council (Kuriwao Endowment Lands) Act 1994. The reprint incorporates all the amendments to the Act as at 1 June 2002, as specified in the list of amendments at the end of these notes.

    Relevant provisions of any amending enactments that contain transitional, savings, or application provisions that cannot be compiled in the reprint are also included, after the principal enactment, in chronological order. For more information, see http://www.pco.parliament.govt.nz/reprints/ .

2 Status of reprints
  • Under section 16D of the Acts and Regulations Publication Act 1989, reprints are presumed to correctly state, as at the date of the reprint, the law enacted by the principal enactment and by the amendments to that enactment. This presumption applies even though editorial changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in the reprint.

    This presumption may be rebutted by producing the official volumes of statutes or statutory regulations in which the principal enactment and its amendments are contained.

3 How reprints are prepared
  • A number of editorial conventions are followed in the preparation of reprints. For example, the enacting words are not included in Acts, and provisions that are repealed or revoked are omitted. For a detailed list of the editorial conventions, see http://www.pco.parliament.govt.nz/editorial-conventions/ or Part 8 of the Tables of New Zealand Acts and Ordinances and Statutory Regulations and Deemed Regulations in Force.

4 Changes made under section 17C of the Acts and Regulations Publication Act 1989
  • Section 17C of the Acts and Regulations Publication Act 1989 authorises the making of editorial changes in a reprint as set out in sections 17D and 17E of that Act so that, to the extent permitted, the format and style of the reprinted enactment is consistent with current legislative drafting practice. Changes that would alter the effect of the legislation are not permitted.

    A new format of legislation was introduced on 1 January 2000. Changes to legislative drafting style have also been made since 1997, and are ongoing. To the extent permitted by section 17C of the Acts and Regulations Publication Act 1989, all legislation reprinted after 1 January 2000 is in the new format for legislation and reflects current drafting practice at the time of the reprint.

    In outline, the editorial changes made in reprints under the authority of section 17C of the Acts and Regulations Publication Act 1989 are set out below, and they have been applied, where relevant, in the preparation of this reprint:

    • omission of unnecessary referential words (such as of this section and of this Act)

    • typeface and type size (Times Roman, generally in 11.5 point)

    • layout of provisions, including:

      • indentation

      • position of section headings (eg, the number and heading now appear above the section)

    • format of definitions (eg, the defined term now appears in bold type, without quotation marks)

    • format of dates (eg, a date formerly expressed as the 1st day of January 1999 is now expressed as 1 January 1999)

    • position of the date of assent (it now appears on the front page of each Act)

    • punctuation (eg, colons are not used after definitions)

    • Parts numbered with roman numerals are replaced with arabic numerals, and all cross-references are changed accordingly

    • case and appearance of letters and words, including:

      • format of headings (eg, headings where each word formerly appeared with an initial capital letter followed by small capital letters are amended so that the heading appears in bold, with only the first word (and any proper nouns) appearing with an initial capital letter)

      • small capital letters in section and subsection references are now capital letters

    • schedules are renumbered (eg, Schedule 1 replaces First Schedule), and all cross-references are changed accordingly

    • running heads (the information that appears at the top of each page)

    • format of two-column schedules of consequential amendments, and schedules of repeals (eg, they are rearranged into alphabetical order, rather than chronological).

5 List of amendments incorporated in this reprint (most recent first)
  • Land Transfer (Computer Registers and Electronic Lodgement) Amendment Act 2002 (2002 No 11): section 38(2)

    Rating Valuations Act (1998 No 69): section 54(1)

    Arbitration Act 1996 (1996 No 99): section 20