Christchurch City Council (Lancaster Park) Land Vesting Act 2008

Crest

Christchurch City Council (Lancaster Park) Land Vesting Act 2008

Local Act2008 No 5
Date of assent29 August 2008
Commencementsee section 2

The Parliament of New Zealand enacts as follows:

1 Title
  • This Act is the Christchurch City Council (Lancaster Park) Land Vesting Act 2008.

2 Commencement
  • This Act comes into force on the day after the date on which it receives the Royal assent.

Preliminary provisions

3 Purpose
  • The purpose of this Act is to—

    • (a) vest Lancaster Park land in the Christchurch City Council to be held in trust for certain purposes:

    • (b) dissolve the Victory Park Board:

    • (c) repeal the Victory Park Act 1919:

    • (d) provide for related matters.

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

    Board means the Victory Park Board established by the Victory Park Act 1919

    Council means the Christchurch City Council

    property means—

    • (a) every type of property; and

    • (b) includes—

      • (i) every type of estate and interest in property; and

      • (ii) money; but

Vesting of Lancaster Park land in Council

5 Land vested in Council
  • (1) The fee simple and registered leasehold estates in the land described in Schedules 1 and 2 are vested in the Council.

    (2) The land continues to be subject to all leases, licences, reservations, restrictions, encumbrances, and interests in existence at the commencement of this Act.

    (3) However, the land in Schedule 1 is no longer—

    • (a) subject to the trusts, reservations, and restrictions imposed by the Victory Park Act 1919; or

    • (b) under the management, control, or direction of the Board.

6 Council to hold land on certain trusts
  • (1) The Council must hold the land described in Schedules 1 and 2 in trust for the following purposes:

    • (a) rugby union:

    • (b) cricket:

    • (c) all other sports:

    • (d) recreation:

    • (e) entertainment:

    • (f) public assembly:

    • (g) ancillary purposes.

    (2) In subsection (1)(g), ancillary purposes

    • (a) means purposes ancillary to the purposes specified in subsection (1)(a) to (f); and

    • (b) includes any commercial development and use on the land described in Schedules 1 and 2 that generate income for the benefit of, and do not detract from, the purposes specified in subsection (1)(a) to (f).

7 Council’s powers in relation to land
  • (1) The Council may grant a lease, tenancy or licence of any part of the land described in Schedules 1 and 2 on such terms and conditions as it thinks fit.

    (2) The Council may exercise its power under subsection (1) only for 1 or more of the purposes set out in section 6.

    (3) No lease, tenancy or licence granted under subsection (1) (including rights of renewal or extensions, whether in the lease, tenancy or licence or granted separately) may be for a term of 50 years or longer.

8 War memorial gates
  • In exercising its powers for the purposes of this Act, the Council must have regard to the significance of the war memorial gates at the Stevens Street boundary of the land described in Schedules 1 and 2 as a permanent memorial to the Canterbury soldiers who lost their lives in the First World War.

9 Application of Ngāi Tahu Claims Settlement Act 1998
  • (1) On and from the commencement of this Act, Part 9 of the Ngāi Tahu Claims Settlement Act 1998 applies to the land described in Schedule 1 as if the Council were the Crown and the land were relevant land, and Part 9 of that Act applies accordingly with all necessary modifications.

    (2) For the purposes of subsection (1), the Council is to be treated as if it had disposed of the land if—

    • (a) it is using the land for a purpose not specified in section 6; and

    • (b) it has not ceased to use the land for a purpose not specified in section 6 within 20 working days after receiving a notice in writing from Te Rūnanga o Ngāi Tahu requiring it to cease using the land for a purpose not specified in section 6.

    (3) Subsection (2) does not limit subsection (1).

Dissolution of Board

10 Dissolution of Board
  • (1) The Board is dissolved.

    (2) The property, rights, contracts, engagements, authorities, duties, and liabilities of the Board vest in the Council.

    (3) All actions, arbitrations, and proceedings and all causes of actions, arbitrations, and proceedings by or against the Board may be continued by or against the Council.

    (4) Unless the context otherwise requires, a reference to the Board in an enactment, deed, instrument, application, notice, or any other document is to be read as a reference to the Council.

11 Final accounts of Board
  • (1) Despite sections 10 and 14, the Board continues in existence to complete its obligations under subsection (2).

    (2) The Board must, within 3 months after the commencement of this Act,―

    • (a) complete its accounts; and

    • (b) prepare a balance sheet showing the Board’s receipts and disbursements and its actual financial position as at the commencement of this Act; and

    • (c) publish its balance sheet in a daily newspaper circulating in Christchurch.

    (3) The costs and expenses of the Board completing its obligations under subsection (2) must be paid by the Council.

Miscellaneous provisions

12 Vesting of land not a gift, supply of services, or disposition, for certain purposes
  • To avoid doubt, the vesting of land and property by this Act is not—

    • (a) a dutiable gift for the purposes of the Estate and Gift Duties Act 1968:

    • (b) a supply of goods and services for the purposes of the Goods and Services Act 1985:

    • (c) a sale, distribution, or transfer of property or liability for the purposes of the Income Tax Act 2007.

13 Powers of Registrar-General of Land
  • (1) The Registrar-General of Land is authorised and directed to make such entries in the registers under the Land Transfer Act 1952 and to do all such other things as may be necessary to give effect to the provisions of this Act.

    (2) The Registrar must—

    • (a) cancel on the certificate of title for the land described in Schedule 1 the words entered under section 98 of the Ngāi Tahu Claims Settlement Act 1998; and

    • (b) enter on that certificate of title the following words:

      Subject to Part 9 of the Ngāi Tahu Claims Settlement Act 1998, as applied by section 9 of the Christchurch City Council (Lancaster Park) Land Vesting Act 2008.

    (3) Subsection (2) does not limit subsection (1).

14 Repeal

Schedule 1
Land of the Crown (subject to the Victory Park Act 1919) vested in Council

ss 4, 5, 6, 7, 9, 13(2)

AreaDescriptionCertificate of title
6.3251 haLots 1 and 2 DP 18992CB27K/1155
 Lots 20-30 and Lot 50 DP 1384 
 Part Lots 57-60 and 
 Part Lots 62-63 DP 631 
 Part Rural Section 62 

Schedule 2
Board land vested in Council

ss 4, 5, 6, 7

AreaDescriptionCertificate of title
1.933m²Part Lot 53 DP 631CB420/156
2.908m²Part Lot 54 DP 631CB23B/374
3.908m²Part Lot 55 DP 631CB378/27
4.908m²Part Lot 56 DP 631CB25B/1087
5.908m²Part Lot 65 DP 631CB33B/1210
6.908m²Part Rural Section 62CB21A/118
7.513m²Part Rural Section 62CB350/166
8.513m²Part Rural Section 62CB357/275
9.483m²Part Lot 31 DP 1384CB15K/760
10.483m²Part Lot 31 DP 1384CB15K/761
11.417m²Part Lot 31 DP 1384CB333/32
12.753m²Lot 1 DP 301352CB5892

Legislative history

13 February 2008Introduction (Bill 196–1)
16 April 2008First reading and referral to Local Government and Environment Committee
5 August 2008Reported from Local Government and Environment Committee (Bill 196–2)
27 August 2008Second reading, third reading
29 August 2008Royal assent