This Deed made the 16th day of September 1997
BETWEEN the TARANAKI JOCKEY CLUB INCORPORATED a Society duly incorporated under the Incorporated Societies Act 1908 (hereinafter called
“the Club”) of the one part
AND the NEW PLYMOUTH DISTRICT COUNCIL a body corporate under the Local Government Act 1974 (hereinafter called
“the Council”) of the other part
A. By Deed bearing date the 25th day of June 1959 between the Club and the Council (the Council being therein called
“the Mayor, Councillors and Citizens of the City of New Plymouth, a body corporate under the Municipal Corporations Act 1954 and therein named the Corporation”) the parties made provision for the vesting in the Council of certain land owned by the Club and for the use of that land and of the New Plymouth Recreation and Racecourse Reserve, such land and Reserve being described in the Schedule hereto and such Deed was validated by the New Plymouth Recreation & Racecourse Reserve Act 1959.
NOW THIS DEED WITNESSETH
(1) Subject to the provisions of clause (2) hereof, the Council shall be entitled to use the whole or any part of the Playing Area except any part thereof as shall have training or trotting tracks formed thereon with the consent of the Council for playing fields and to allot from time to time any playing field or part thereof to any football, cricket or other sports club, society or organisation, either generally or for particular occasions, such conditions including the payment of rent or other charges as the Council may from time to time by by-law prescribe and to obtain access to such playing fields over any parts of the Reserve or if in the opinion of the Council such general right of access is being misused then over such part of the Reserves as the Council shall from time to time prescribe.
(2) Without the precedent Agreement of the Club, the Council shall not be entitled while this Deed shall remain in force, to erect any building or other structure or to grow or maintain any trees or hedges on any part of the Playing Area or the Racecourse Amenities Area or to do or permit to be done any act or thing which would interfere with any of the rights granted to the Club hereunder.
(3) The Council shall not be entitled to use or allow to be used by members of the public the Reserve or any part thereof on any day on which the Reserve or any such part is being used by the Club or by any club, society or organisation pursuant to paragraphs (a) and (b) of sub-clause (1) of clause 2 hereof.
4. While this Deed shall remain in force, the Club shall, at its own expense, maintain and keep in good order, condition and repair all parts of the Racecourse Amenities Area including all buildings, fences, gates and other erections and all racing tracks, roadways and gardens and the training and trotting tracks in the Playing Area but excluding any buildings that may be erected on the Playing Area or the Racecourse Amenities Area by the Council, pursuant to sub-clause (2) of clause 3 hereof.
5. The Council shall promote and use its best endeavours to procure the passing at the next convenient session of Parliament of a Bill with such clauses as may be necessary or advisable to validate this Deed and to carry the same into effect and to confer the necessary powers and authorities required for this purpose, and the Club shall, so far as the Corporation may reasonably require, aid and assist in obtaining the said intended Act and in furtherance of this object, shall by its officers and servants support the Bill by evidence or otherwise as may be necessary.
7. If any question, difference or dispute shall arise with reference to this Deed or its construction or as to anything herein contained, or as to anything not fully provided for, or as to the rights or liabilities of either of the parties hereto, the same shall be referred to two Arbitrators, one to be appointed by each party or to an Umpire to be chosen by the Arbitrators before entering on the consideration of the matters referred to them and every such reference shall be deemed an arbitration under the Arbitration Act 1908 and be subject to the provisions as to arbitration contained in the said Act and this Deed shall accordingly be deemed to be a submission within the meaning of the said Act.
All that piece of freehold land containing 38.2175 hectares more or less being Lots 1, 2, 3 and 4 on Deposited Plan 19480 being Sections 1197–1200, 1213–1215, 1228–1230, 1245–1250, 1264–1274 (all inclusive) 1806, 1807, 1809–1814, 1832–1844, 1858–1870, 1884–1896, 1910–1922, 1928–1943 (all inclusive) 2413, 2414, and part Sections 1227, 1244, 1263 and 1774–1783 (all inclusive), 1801–1805 (inclusive) M. and Parts closed streets Town of New Plymouth, part Section D. New Plymouth Town Belt, Section 10 and part Sections 34 and 35 Fitzroy District and being all the land comprised and described in Certificate of Title Volume A3 Folio 286 (Taranaki Registry)