Waitaki District Council Reserves and Other Land Empowering Act 2013

Coat of Arms of New Zealand

Waitaki District Council Reserves and Other Land Empowering Act 2013

Local Act2013 No 1
Date of assent26 February 2013
Commencementsee section 2

The Parliament of New Zealand enacts as follows:

1 Title
  • This Act is the Waitaki District Council Reserves and Other Land Empowering Act 2013.

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

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

    Council means the Waitaki District Council

    land means the land described in the Schedule

    Lookout Point land means the land described in Part 3 of the Schedule

    registered proprietors means the persons who are registered as the proprietors in Computer Freehold Register 187727

    Schedule means the Schedule of this Act.

Entries in register

4 Powers of Registrar-General of Land
  • The Registrar-General of Land is authorised and directed to make the entries in the register that is kept under the Land Transfer Act 1952, and do all other things necessary to give effect to this Act.

Change of status and vesting of land (other than Lookout Point land)

5 Existing reservation revoked
  • (1) The reservation of the land under the Reserves Act 1977 is revoked.

    (2) The land is freed and discharged of any trusts, reservations, and restrictions arising under the Reserves Act 1977 and to which the land or any part of it was subject immediately before the commencement of this Act, but subject to the encumbrances included in the Schedule.

6 Vesting of fee simple estate
  • (1) The fee simple estate vests, in respect of the land described in—

    • (a) Part 1 of the Schedule, in the Council; and

    • (b) Part 2 of the Schedule, in the registered proprietors.

    (2) The Council has the power to dispose of the land described in Part 1 of the Schedule and is deemed always to have had the power to dispose of the fee simple estate in the land described in Part 2 of the Schedule.

Lookout Point land

7 Lookout Point land declared to be endowment land
  • (1) The Lookout Point land—

    • (a) is vested in the Waitaki District Council as an endowment property for the purposes of aiding Waitaki District Council funds; and

    • (b) is an endowment property within the meaning of section 140(2) of the Local Government Act 2002.

    (2) Subsection (1) applies—

    • (a) in order to avoid doubt; and

    • (b) despite any enactment or instrument to the contrary.


Schedule
Land vested in Council

ss 5, 6, 7

Part 1

Description of land Encumbrances
Otago Land District
9604 square metres, more or less, being Part Lot 7, DP 6425. All Computer Freehold Register OT5A/401
 Subject to: Lease 738032, with fencing and renewal clauses CT 331609 and variation of lease 7201478.2; and
Right of way created by easement instrument 7201478.3, together with right of way appurtenant to Part Lot 7 created by that instrument

Part 2

Description of land Encumbrances
Otago Land District
809 square metres, more or less, being Lot 1, DP 345820. All Computer Freehold Register 187727
 Subject to: Mortgage to ASB Bank Limited 7263041.3

Part 3

Description of land Encumbrances
Otago Land District
2.0234 hectares, more or less, being sections 1 to 5, 7 to 15, and 17 to 22 block XXXI Town of Oamaru. All Computer Freehold Register OT325/79
 245256 Order in Council consenting to the closing of portions of Test Street fronting sections 1 to 5 and 7 to 11 inclusive, 30 April 1962 at 9.13 am

Legislative history

10 May 2012Introduction (Bill 20–1)
13 June 2012First reading and referral to Local Government and Environment Committee
26 October 2012Reported from Local Government and Environment Committee
14 November 2012Second reading
5 December 2012Committee of the whole House
20 February 2013Third reading
26 February 2013Royal assent