Wellington Town Belt Act 2016

Coat of Arms of New Zealand

Wellington Town Belt Act 2016

Local Act
 
2016 No 1
Date of assent
 
9 May 2016
Commencement
 
see section 2

Contents

Preamble
1Title
2Commencement
3Purpose
4Principles
5Interpretation
6Meaning of Wellington Town Belt
7Transitional, savings, and related provisions
8Name
9Legal status
10Public access
11Management plan
12Contents of management plan
13Powers of Council
14Restrictions on Council’s powers
15Delegation of Council’s powers
16Consultation
17Leases and licences
18Business activities
19Application of Act to Chest Hospital and Wellington Zoo
20Public services
21Adding land to Wellington Town Belt
22No removal of land from Wellington Town Belt
23Application of Public Works Act 1981
24Wellington Town Belt not reserve or road
25Application to Wellington Botanic Garden
26Existing rights not affected
27Land not to be part of Wellington Town Belt
28Entry of Wellington Town Belt in registers
29Health Sector Transfers (Wellington City Council) Order 2002 amended
30Repeal
Legislative history

Preamble

(1)

Whakatauki:

“Tumutumu parea, rākau parea, whānui te ara ki a Tāne [Ward off post and weapon, so that the expansive path of mankind is opened up].”

This was uttered by Te Wharepouri Te Kakapi-o-te-Rangi during the arrival of the colonial ships within the Wellington harbour, and upon the Petone foreshore, during the 1830s. Te Wharepouri saw the benefits of building positive relationships with the colonial settlers and working together towards common goals and initiatives. Hence, the focus of this proverb is about the journey of life, overcoming obstacles and issues, and focusing on the main tasks at hand:

(2)

The New Zealand Company was a private land settlement company, formed in London in May 1839, which planned to establish a settlement at Wellington harbour. The Company’s representatives arrived at Wellington harbour in September 1839:

(3)

At the time of the New Zealand Company’s arrival, the iwi groups with take raupatu over all of the lands within the Wellington harbour and its environs were Te Ātiawa, Ngāti Ruanui, Taranaki, Ngāti Tama (together, Taranaki Whānui ki Te Upoko o Te Ika) and Ngāti Toa Rangatira. These iwi each had their own ahi kā over particular areas, as follows:

(a)

Te Ātiawa at Te Whanganui ā Tara and parts of the southwest coast; and

(b)

Taranaki and Ngāti Ruanui at Te Aro; and

(c)

Ngāti Tama at Kaiwharawhara and environs, and parts of the southwest coast; and

(d)

Ngāti Toa Rangatira at parts of the southwest coast:

(4)

The New Zealand Company’s initial settlement plan provided for the original Town Belt, being public reserves of 1 562 acres (approximately 632 hectares) around the proposed town of Port Nicholson (now Wellington City), that would separate it from the Company’s rural district. These reserves included the land that is now the Wellington Botanic Garden. The instructions from the Company’s secretary, John Ward, to its surveyor, William Mein Smith, included that this land be “public property on condition that no buildings be ever erected upon it”:

(5)

On 16 October 1841, the Governor of New Zealand notified that the reserves provided for in the Company’s plans were “reserved by the Crown for public purposes”. This was done without consulting or, at that time, compensating the relevant iwi groups:

(6)

On 3 June 1861, the Crown conveyed some of the original Town Belt to the Superintendent of the Province of Wellington “in trust for the purposes of Public Utility to the Town of Wellington and its inhabitants”:

(7)

The Wellington City Reserves Act 1871 instructed the Superintendent to convey some of the original Town Belt to the “Mayor Councillors and Burgesses for the time being of the City of Wellington” upon trust for “purposes of public utility to the City of Wellington and its inhabitants”. The Superintendent carried out this instruction in 1873 by executing the Town Belt Deed, which conveyed 3 parcels of land on trust to the “Corporation”, described in the Town Belt Deed as the “Mayor, Councillors, and Citizens of the City of Wellington”. The 3 parcels were the land known as the “Town Belt”, “Canal Reserve”, and “Basin Reserve”:

(8)

The “Town Belt” parcel and the “Canal Reserve” parcel were conveyed to the Council’s predecessor upon trust “to be for ever hereafter used and appropriated as a public Recreation ground for the inhabitants of the City of Wellington”:

(9)

The “Basin Reserve” parcel was subsequently resettled on the Council’s predecessor by deed dated 17 October 1884 as a separate trust, and the Town Belt Deed has no further application to it:

(10)

The report of the Waitangi Tribunal Te Whanganui ā Tara me ōna Takiwā: Report on the Wellington District (Wai 145, 2003) concluded that breaches of the Treaty of Waitangi by the Crown had occurred, including in relation to the Crown’s acquisition of lands within the Wellington harbour and its environs. The historical claims of Taranaki Whānui ki Te Upoko o Te Ika were settled on 19 August 2008 and the historical claims of Ngati Toa Rangatira were settled on 7 December 2012:

(11)

As well as the significance of some of the land to mana whenua, the concept of the original Town Belt and having open green space around the central city are important to the inhabitants of Wellington generally. Over time, many people and community groups have cared for the Wellington Town Belt and worked to recover parts of the original Town Belt not vested in the Council:

(12)

There is some uncertainty about the legal status of the Wellington Town Belt, the extent to which the Wellington Town Belt is protected for future generations, and the Council’s powers to protect, manage, and enhance the Wellington Town Belt. This Act will provide certainty by—

(a)

becoming the principal source of the Council’s powers for protecting, managing, and enhancing the Wellington Town Belt; and

(b)

providing a transparent statutory basis for the Council’s trusteeship and management of the Wellington Town Belt; and

(c)

providing a mechanism for land to become part of the Wellington Town Belt:

(13)

The objects of this Act cannot be attained otherwise than by legislation:

The Parliament of New Zealand therefore enacts as follows:

1 Title

This Act is the Wellington Town Belt Act 2016.

2 Commencement

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

Part 1 Preliminary provisions

Purpose and principles

3 Purpose

The purpose of this Act is to—

(a)

provide a transparent statutory basis for the Council’s trusteeship and management of the Wellington Town Belt on behalf of the inhabitants of the city of Wellington; and

(b)

impose on the Council responsibilities, and provide the Council with powers, to protect, manage, and enhance the Wellington Town Belt; and

(c)

recognise the history of the original Town Belt and its significance to mana whenua and the inhabitants of Wellington.

4 Principles

(1)

In performing its role as trustee of the Wellington Town Belt, the Council must—

(a)

recognise and provide for the protection and enhancement of the Wellington Town Belt for future generations; and

(b)

have particular regard to the following principles:

(i)

the Wellington Town Belt should be managed in partnership with mana whenua:

(ii)

the landscape character of the Wellington Town Belt should be protected and enhanced, including by recognising that it was the New Zealand Company’s intention that the original Town Belt not be built on:

(iii)

the Wellington Town Belt should support healthy indigenous ecosystems:

(iv)

the Wellington Town Belt should be accessible to all and for all to enjoy:

(v)

the Wellington Town Belt should be available for a wide range of recreational activities:

(vi)

community participation in the management of the Wellington Town Belt should be encouraged and supported:

(vii)

the historic and cultural heritage of the Wellington Town Belt should be recognised and protected.

(2)

The principles in subsection (1)(b) must be considered together and the order in which the principles are set out is not to be taken as specifying any order of importance or priority.

Interpretation and application

5 Interpretation

In this Act, unless the context otherwise requires,—

business activity means an undertaking carried on for pecuniary gain or reward

Chest Hospital means the land described as the Chest Hospital in the management plan under section 12(3)

Council means the Wellington City Council

original Town Belt means the land provided for as a public reserve around the proposed town of Port Nicholson in the New Zealand Company’s plan of 14 August 1840

public services means, irrespective of public or private ownership, network infrastructure that is, in the public interest, necessary for—

(a)

the distribution or transmission of energy (including an electrical installation or works as defined in section 2(1) of the Electricity Act 1992 and a distribution system as defined in section 2(1) of the Gas Act 1992); and

(b)

the provision of telecommunications services; and

(c)

the provision of water, wastewater, and stormwater services

publicly available means, in relation to making a document or other information publicly available, taking reasonable steps to—

(a)

ensure that the document or other information or a copy of the document or other information is accessible free of charge to the general public; and

(b)

publicise both the fact that the document or other information is available and the manner in which copies of the document or other information may be obtained

Registrar-General means the Registrar-General of Land appointed under section 4 of the Land Transfer Act 1952

temporary, in relation to an activity, means an activity that—

(a)

is of a non-repetitive, transient nature; and

(b)

does not exceed 4 weeks’ duration; and

(c)

does not involve the construction of permanent structures or facilities

Town Belt Deed means the deed, whose text is reproduced in Schedule 2, that was entered into between the Superintendent of the Province of Wellington and the Corporation of the City of Wellington and dated 20 March 1873

Wellington Botanic Garden means the land described in Schedule 7

Wellington Zoo means the land described as the Wellington Zoo in the management plan under section 12(3).

6 Meaning of Wellington Town Belt

In this Act, unless the context otherwise requires, Wellington Town Belt

(a)

means—

(i)

land included under section 21; and

(ii)

land referred to in section 25(2); and

(iii)

the land described in Schedule 3; but

(b)

does not include—

(i)

land referred to in section 23(7); and

(ii)

land referred to in section 25(1); and

(iii)

land referred to in section 27.

7 Transitional, savings, and related provisions

The transitional, savings, and related provisions (if any) set out in Schedule 1 have effect according to their terms.

Part 2 Status and management of Wellington Town Belt

Status

8 Name

The land that comprises the Wellington Town Belt is to be called the “Wellington Town Belt”.

9 Legal status

(1)

The Council holds the Wellington Town Belt on behalf of the inhabitants of the city of Wellington as trustee of the trust created by the Town Belt Deed.

(2)

The Town Belt Deed is to be read as if the only term of the trust is to forever hereafter use and appropriate the Wellington Town Belt as a public recreation ground for the inhabitants of the city of Wellington.

(3)

For the purposes of subsection (2), public recreation ground means an area provided for—

(a)

recreation, sporting activities, and the enjoyment of the public, with an emphasis on the retention of public access, open spaces, and outdoor activities; and

(b)

the protection of the natural environment and historic heritage.

10 Public access

(1)

Members of the public are entitled to freedom of entry and access to the Wellington Town Belt, subject to—

(a)

subsections (2) to (4); and

(b)
(c)

any temporary conditions and restrictions that the Council considers necessary for the protection of the Wellington Town Belt or the safety of the public.

(2)

No business activity may be undertaken on the Wellington Town Belt (irrespective of any easement, lease, or licence) unless authorised under sections 18 to 20.

(3)

The Council may impose reasonable charges for the use of facilities on the Wellington Town Belt that are provided by the Council.

(4)

A lessee or licensee in respect of any facility, structure, site, or place on the Wellington Town Belt may, to the extent provided by the relevant lease or licence, restrict access to it and impose a reasonable charge for its use.

Management plan

11 Management plan

(1)

The Council must adopt a management plan for the Wellington Town Belt.

(2)

In exercising its powers with respect to the Wellington Town Belt, the Council must comply with the management plan.

(3)

The Council must review the management plan at intervals of not more than 10 years and, as appropriate, replace or amend it by passing a resolution adopting a new plan or amendments to the current plan.

(4)

Any new plan or amendments to the current plan must be prepared in draft, and the Council must—

(a)

make the draft publicly available for inspection; and

(b)

invite the public to make submissions on the draft; and

(c)

give every submitter who asks to be heard a reasonable opportunity to appear in support of the submitter’s submission; and

(d)

take into account all submissions made on the draft.

(5)

The Council may, without complying with subsection (4), amend the management plan, if it passes a resolution that—

(a)

the proposed amendments are minor or technical in nature; and

(b)

compliance with subsection (4) is unnecessary.

12 Contents of management plan

(1)

The management plan must not contain anything inconsistent with this Act or the trust described in section 9.

(2)

The management plan may set conditions and rules to manage use of the Wellington Town Belt.

(3)

The management plan must—

(a)

describe the land that comprises the Wellington Town Belt as at the date of the management plan; and

(b)

describe the land that comprises the Chest Hospital and Wellington Zoo; and

(c)

clearly define the boundaries of the Chest Hospital and Wellington Zoo and ensure that they are easily identifiable in practice; and

(d)

limit the size of the Chest Hospital to a continuous area not exceeding 0.8973 hectares; and

(e)

limit the size of Wellington Zoo to a continuous area not exceeding 10.8 hectares.

Powers

13 Powers of Council

(1)

For the purposes of performing its role as trustee of the Wellington Town Belt, the Council has—

(a)

full capacity to carry on or undertake any activity, do any act, or enter into any transaction; and

(b)

for the purposes of paragraph (a), full rights, powers, and privileges.

(2)

Subsection (1) is subject to this Act, any other enactment, and the general law.

(3)

Without limiting subsection (1), the Council has the power to manage use of the Wellington Town Belt, including by setting conditions and rules in a management plan under section 11.

14 Restrictions on Council’s powers

Despite section 13, the Council has no power to—

(a)

sell, exchange, or use as security any part of the Wellington Town Belt; or

(b)

grant any easement, lease, or licence in respect of the Wellington Town Belt other than in accordance with section 17, 19, or 20; or

(c)

authorise any business activity on the Wellington Town Belt other than in accordance with sections 18 to 20.

15 Delegation of Council’s powers

(1)

The Council must not delegate—

(a)

the power to add land to the Wellington Town Belt under section 21; or

(b)

the power to agree compensation under section 23; or

(c)

the power to impose charges under section 10; or

(d)

the power to adopt, replace, or amend a management plan under section 11; or

(e)

the power to grant leases under section 17.

(2)

Other than to a committee of the Council, the Council must not delegate—

(a)

the power to consent to the disposal of a lessee’s interest under section 17; or

(b)

the power to grant licences or consent to the disposal of a licensee’s interest under section 17; or

(c)

the power to grant leases and licences under section 19; or

(d)

the power to grant easements, leases, and licences under section 20.

16 Consultation

(1)

Subsection (2) applies to the exercise of the Council’s powers to—

(a)

build or extend (or authorise the building or extension of) a structure or facility under section 13 or sections 17 to 20, where the effect on the Wellington Town Belt of that structure, facility, or extension will be more than minor; and

(b)

impose charges under section 10; and

(c)

grant leases or consent to the disposal of a lessee’s interest under section 17; and

(d)

grant leases under section 19; and

(e)

add land to the Wellington Town Belt under section 21.

(2)

Before exercising a power referred to in subsection (1), the Council must consider the views of the public and persons likely to be affected by, or to have an interest in, the proposed exercise of the power, including by—

(a)

making information on the proposed exercise of the power publicly available and inviting submissions on it; and

(b)

giving every submitter who asks to be heard a reasonable opportunity to appear in support of the submitter’s submission; and

(c)

taking into account all submissions made on the proposed exercise of the power.

(3)

Subsection (4) applies to the exercise of the Council’s powers to—

(a)

grant licences or consent to the disposal of a licensee’s interest under section 17; and

(b)

grant licences under section 19; and

(c)

grant easements, leases, and licences under section 20 other than in response to an emergency (as defined in the Civil Defence Emergency Management Act 2002).

(4)

Before exercising a power in subsection (3), the Council must consider the views of the public and persons likely to be affected by, or to have an interest in, the proposed exercise of the power, including by—

(a)

making information on the proposed exercise of the power publicly available and inviting submissions on it; and

(b)

taking into account all submissions made on the proposed exercise of the power.

(5)

At all times there must be an employee of the Council whose—

(a)

role includes acting as a liaison officer between the public and the Council with respect to the Wellington Town Belt; and

(b)

role includes oversight of the management plan under section 11; and

(c)

name and contact details are made publicly available.

Uses

17 Leases and licences

(1)

The Council may, on any conditions that it considers appropriate, grant leases and licences in respect of the Wellington Town Belt.

(2)

At any point in time, no more than 8 hectares in total of the Wellington Town Belt may be leased or licensed, excluding any leases or licences for public services, any leases or licences in respect of the Chest Hospital and Wellington Zoo, and the lease referred to in section 26(3).

(3)

A lease granted in accordance with subsection (1) must—

(a)

specify what activities are authorised by the lease; and

(b)

not be granted for a term, including any renewals, exceeding 20 years; and

(c)

not be granted for an activity that could reasonably be undertaken under a licence; and

(d)

not allow a right to transfer, sublease, assign, or otherwise dispose of the lessee’s interest without the Council’s consent.

(4)

A licence granted in accordance with subsection (1) must—

(a)

specify what activities are authorised by the licence; and

(b)

not be granted for a term, including any renewals, exceeding 10 years; and

(c)

not allow a right to transfer, sublicense, assign, or otherwise dispose of the licensee’s interest without the Council’s consent.

(5)

The Council must—

(a)

spend all money received under a lease granted in accordance with subsection (1) on the management of the Wellington Town Belt; and

(b)

invest the money until spending it.

18 Business activities

(1)

The Council must not authorise a business activity (including under an easement, lease, or licence) on the Wellington Town Belt unless—

(a)

the activity is temporary, and any effect of the activity on the Wellington Town Belt and the public will be no more than minor; or

(b)

the activity is consistent with the use of the Wellington Town Belt as a public recreation ground (as defined in section 9(3)) and the effect on the Wellington Town Belt of any structure or facility required to be built or extended for the activity will be no more than minor.

(2)

Before authorising a business activity, the Council must make information about the proposed business activity publicly available.

(3)

Subject to subsections (1) and (2), the Council may authorise business activities on the Wellington Town Belt on any conditions that it considers appropriate.

Special areas

19 Application of Act to Chest Hospital and Wellington Zoo

(1)

The purpose of—

(a)

the Chest Hospital is to allow for the use and conservation of the Chest Hospital buildings; and

(b)

Wellington Zoo is to allow for the operation of Wellington Zoo.

(2)

Despite anything in this Act, for the purposes of subsection (1), the Council may, on any conditions that it considers appropriate, grant leases and licences and authorise business activities in respect of the Chest Hospital and Wellington Zoo, and sections 17 and 18 do not apply.

(3)

A lease or licence under subsection (2) must not be granted for a term, including any renewals, exceeding 33 years.

Public services

20 Public services

(1)

Despite anything in this Act, the Council may, on any conditions that it considers appropriate, grant easements, leases, and licences and authorise business activities in respect of the Wellington Town Belt for public services, and sections 17 and 18 do not apply.

(2)

Before deciding whether to exercise any power under subsection (1), the Council must consider—

(a)

the effect on the Wellington Town Belt of the proposed public service; and

(b)

the benefits of the proposed public service; and

(c)

alternative sites, routes, or other methods for achieving the objectives of the proposed public service.

(3)

Any public service owned by the Council on the Wellington Town Belt at the commencement of this Act is lawful and may be the subject of an easement in favour of any party entitled to use the service.

(4)

The Council may grant a right under this section to itself.

Part 3 Additions to, or removals of parts of, Wellington Town Belt

21 Adding land to Wellington Town Belt

(1)

The Council may pass a resolution that land forms part of the Wellington Town Belt if the fee simple estate in the land is vested in the Council.

(2)

Upon any resolution being passed under subsection (1), the relevant land becomes part of the Wellington Town Belt.

(3)

The Council may not pass a resolution under subsection (1) unless it has consulted the public about the proposal using the special consultative procedure under the Local Government Act 2002.

(4)

The Council must make publicly available and publish in the Gazette any resolution passed under subsection (1).

22 No removal of land from Wellington Town Belt

Subject to sections 23 and 27, no land may be removed from the Wellington Town Belt.

23 Application of Public Works Act 1981

(1)

Despite section 17 of the Public Works Act 1981, the Council may not enter into an agreement to sell any land within the Wellington Town Belt for any public work.

(2)

Sections 40 to 42 of the Public Works Act 1981 do not apply to the addition of land to the Wellington Town Belt under section 21.

(3)

Nothing in this Act or the Town Belt Deed requires the Council to object under section 23(3) of the Public Works Act 1981 to the taking of any part of the Wellington Town Belt.

(4)

Subsection (5) applies if—

(a)

the Minister for Land Information (the Minister) or a local authority has given the Council a notice of intention to take any land that is part of the Wellington Town Belt for a public work under section 23 of the Public Works Act 1981; and

(b)

the notice continues to have effect; and

(c)

the prerequisites to taking the land under section 26(1) of the Public Works Act 1981 have been satisfied.

(5)

The Council and the Minister or local authority (as the case may be) must make all reasonable efforts to agree on the compensation for the land, which may include either or both of the following:

(a)

an amount of monetary compensation payable to the Council:

(b)

a grant of land to the Council.

(6)

If the land is taken under section 26 of the Public Works Act 1981 before the Council and the Minister or local authority (as the case may be) agree on the compensation under subsection (5) and the Council and the Minister or local authority (as the case may be) fail to agree on the compensation within 6 months of the land vesting in the Crown or local authority,—

(a)

the Council may make a claim for compensation under the Public Works Act 1981; and

(b)

the Council may request that compensation be assessed on the basis of the reasonable cost of equivalent reinstatement under section 65(1) of the Public Works Act 1981, in which case the compensation must be assessed on that basis unless—

(i)

section 65 of the Public Works Act 1981 does not apply; or

(ii)

the Minister, the local authority, or the Land Valuation Tribunal (as the case may be) considers that compensation assessed on that basis would not be adequate to compensate for the land; and

(c)

except as modified by this section, the provisions of the Public Works Act 1981 apply.

(7)

Any land that is taken for a public work or declared to be road under the Public Works Act 1981

(a)

ceases to be part of the Wellington Town Belt; and

(b)

is no longer subject to this Act.

24 Wellington Town Belt not reserve or road

(1)

On and from the commencement of this Act, the Wellington Town Belt—

(a)

is not reserve under the Reserves Act 1977; and

(b)

any status the Wellington Town Belt had as reserve is revoked.

(2)

On and from the commencement of this Act, the Wellington Town Belt—

(a)

is not road under the Local Government Act 1974 or the Public Works Act 1981; and

(b)

any status the Wellington Town Belt had as road is stopped.

25 Application to Wellington Botanic Garden

(1)

Any land that is subject to the Wellington Botanic Garden Vesting Act 1891 is to be treated as not being part of the Wellington Town Belt.

(2)

Any land that ceases to be subject to the Wellington Botanic Garden Vesting Act 1891 forms part of the Wellington Town Belt.

Part 4 Miscellaneous provisions

26 Existing rights not affected

(1)

This Act does not affect any of the following in existence at the commencement of this Act:

(a)

any estate or interest in the Wellington Town Belt registered under the Land Transfer Act 1952; or

(b)

any interest in land that comprises part of the original Town Belt, but is not part of the Wellington Town Belt; or

(c)

any easement, lease, or licence in relation to the Wellington Town Belt; or

(d)

any business activity authorised under an easement, lease, or licence in relation to the Wellington Town Belt; or

(e)

any public service that is lawfully established on the Wellington Town Belt.

(2)

This Act does not affect the operation of any law that confers rights in relation to public services (including rights to access, operate, inspect, maintain, replace, construct, or upgrade public services).

(3)

Despite section 30, the Council and any lessee of the lease granted under the Wellington City Exhibition Grounds Act 1959 have the same rights and obligations in all respects as if that Act had not been repealed.

27 Land not to be part of Wellington Town Belt

(1)

On and from the commencement of this Act, the land described in Schedule 4

(a)

ceases (where relevant) to be subject to the Town Belt Deed and the Reserves Act 1977; and

(b)

vests in the Council as road within the meaning of section 315 of the Local Government Act 1974.

(2)

On and from the commencement of this Act, the land described in Schedule 5

(a)

ceases (where relevant) to be subject to the Town Belt Deed; and

(b)

vests in the Council as local purpose reserve under the Reserves Act 1977.

(3)

On and from the commencement of this Act,—

(a)

the land described in Schedule 6 ceases (where relevant) to be subject to the Town Belt Deed and the Reserves Act 1977; and

(b)

the fee simple estate in the land vests in the Council free of any encumbrance, interest, or other right or obligation affecting the land existing immediately before the commencement of this Act.

28 Entry of Wellington Town Belt in registers

(1)

The Registrar-General must, in accordance with a written application by the Council, do anything that is necessary to give effect to this Act, including, without limitation, subsections (2) to (6).

(2)

If part of the Wellington Town Belt is not subject to the Land Transfer Act 1952, the Registrar-General must, in accordance with a written application by the Council,—

(a)

make an entry in the index book of the Deeds Register Office; and

(b)

upon registration under paragraph (a) the land becomes subject to the Land Transfer Act 1952.

(3)

To the extent that part of the Wellington Town Belt is not all of the land contained in a computer freehold register, or there is no computer freehold register for part of the Wellington Town Belt, the Registrar-General must, in accordance with a written application by the Council,—

(a)

create a computer freehold register for the fee simple estate in the land in the name of the Council; and

(b)

record on the computer freehold register any interests that are registered, notified, or notifiable and that are described in the application.

(4)

If part of the Wellington Town Belt is all of the land contained in a computer freehold register, the Registrar-General must, in accordance with a written application by the Council,—

(a)

record against the computer freehold register a notification that the land is subject to this Act; and

(b)

remove from the computer freehold register any notification that the land is subject to the Town Belt Deed or the Reserves Act 1977, or held for any purpose that is inconsistent with this Act.

(5)

Subsections (2) and (3) are subject to the completion of any survey necessary to make an entry in the index book or create a computer freehold register.

(6)

The Registrar-General must, in accordance with a written application by the Council,—

(a)

register any instrument granting a right under section 20; and

(b)

comply with subsections (2) to (4) in relation to any land that vests under section 21 in the Council as part of the Wellington Town Belt; and

(c)

do anything that is necessary to give effect to section 27, including to create computer freehold registers and record anything in, and remove anything from, the register.

(7)

Section 11 and Part 10 of the Resource Management Act 1991 do not apply to any matter required for the purpose of, or incidental to, this section.

29 Health Sector Transfers (Wellington City Council) Order 2002 amended

(2)

In the Schedule, revoke clauses 9, 10, and 11.

30 Repeal

The following Acts are repealed:

Schedule 1 Transitional, savings, and related provisions

s 7

Part 1 Provisions relating to Act as enacted

1 Transitional provisions relating to Wellington Town Belt Management Plan (June 2013)

(1)

The Council’s Wellington Town Belt Management Plan (June 2013) must be treated as the management plan under this Act until it is replaced or amended under section 11(3).

(2)

After the commencement of this Act, the Council may, without complying with section 11(4), make changes to the Wellington Town Belt Management Plan (June 2013) that are consequential on the commencement of this Act.

Schedule 2 Town Belt Deed

s 5

Dated 20th March 1873

The Superintendent of the Province of Wellington

to

The Corporation of the City of Wellington

Town Belt and Basin Reserve Wellington

C of W No. 1

C O N V E Y A N C E

under the Wellington City Reserves Act

Corpn. Book Fol. 1

THIS DEED

made the twentieth day of March

One thousand eight hundred and seventy three

BETWEEN

THE HONOURABLE WILLIAM FITZHERBERT

Superintendent of the Province of Wellington in the Colony of New Zealand

of the one part and

THE MAYOR COUNCILLORS and CITIZENS OF THE CITY OF WELLINGTON

(who with their Successors are hereinafter termed “the Corporation”)

of the other part

WITNESSETH

that in pursuance and by virtue and in exercise and execution of the powers and authorities given to and vested in him the said William Fitzherbert as such Superintendent as aforesaid under and by virtue of “The Wellington City Reserves Act 1871” and of all other powers and authorities in anywise enabling him in that behalf HE THE SAID William Fitzherbert as such Superintendent as aforesaid DOTH hereby convey and assure unto the Corporation ALL AND SINGULAR the lands and hereditaments comprised and described in the first Schedule hereunder written and delineated upon the plan numbered 1 drawn upon these presents and therein colored red WITH all the rights and appurtenances to the same TO HOLD the same unto the Corporation UPON AND FOR the trusts and purposes and with under and subject to the powers provisoes conditions declarations and agreements hereinafter declared expressed and contained of and concerning the same (that is to say) UPON TRUST as to such parts of the said lands hereby conveyed or expressed and intended so to be as are comprised and colored purple in the second plan hereunto annexed AND as to such parts of the said lands as are comprised and colored Blue in the third plan hereunto annexed and known as the Canal Reserve (subject as to the lands comprised and colored purple in the said second plan to the power of leasing hereinafter contained) to be for ever hereafter used and appropriated as a public Recreation ground for the inhabitants of the City of Wellington in such manner as in and by rules and regulations to be from time to time made in that behalf by the Corporation shall be prescribed and directed AND UPON TRUST as to such parts of the said lands as are comprised and colored green in the said third plan hereunto annexed and known as the Basin Reserve by any deed or deeds to convey the same to a body of not less than three Trustees to be from time to time appointed by the Corporation UPON SUCH TRUSTS and for such purposes of public utility to the City of Wellington and the inhabitants thereof as shall in and by such deed or deeds of conveyance be expressed and declared but without any power for the said trustees to alienate or dispose of the same AND so that no thoroughfare shall at any time be created across the said lands or any part thereof AND IT IS HEREBY DECLARED that it shall be lawful for the Corporation to demise or lease all or any part or parts of the lands hereby conveyed or intended so to be which are comprised and described in the second schedule hereunder written and delineated upon the plan numbered 2 drawn upon these presents and therein colored purple for any term or number of years absolute not exceeding Forty two years to take effect in possession and not in reversion or by way of future interest so that there be reserved in every such demise or lease the best and most improved rent to be payable during the continuance of the term thereby granted which may be reasonably had or gotten for the same without taking any fine premium or foregift for the making thereof and so that there be contained in every such demise or lease a clause in the nature of a condition for re-entry or non-payment of the rent therein reserved for the space of twenty one days and so as the lessee or lessees do execute a counterpart thereof respectively and do covenant for the due payment of the rent thereby reserved and are not exempted from punishment for committing waste AND IT IS HEREBY ALSO DECLARED that the Corporation shall stand possessed of all the rents issues and profits arising or to arise from the lands comprised and described in the second Schedule to these presents UPON TRUST to apply or appropriate the same in manner described in and by “The Wellington City Reserves Act 1871” and “The Wellington City Reserves Act 1872” respectively IN WITNESS whereof the said William Fitzherbert as such superintendent as aforesaid hath hereunto subscribed his name and affixed his seal the day and year first above written.

SCHEDULE 1

FIRSTLY ALL THOSE several pieces or parcels of land adjoining the City of Wellington containing by admeasurement One thousand and sixty one acres one rood and two perches more or less and forming part and parcel of the lands commonly called or known by the name of the Town Belt described in the first part of the first schedule to “The Wellington City Reserves Act 1871” SECONDLY ALL THAT piece or parcel of land situated in the City of Wellington aforesaid and containing by admeasurement Nine acres and three roods more or less and commonly called or known by the name of the basin Reserve BOUNDED on all sides by Sussex Square and THIRDLY ALL THAT piece or parcel of lands situated in the City of Wellington aforesaid and containing by admeasurement Five acres and one rood more or less and commonly called or known by the name of the Canal Reserve AS all and singular the said lands are delineated in the plan numbered 1 on this skin and thereon colored Red.

SCHEDULE 2

ALL THOSE several pieces or parcels of land situated in the city of Wellington containing by admeasurement One thousand and sixty one acres one rood and two perches more or less and forming part and parcel of the lands commonly called or known by the name of the Town Belt described in the first part of the first schedule to “The Wellington City Reserves Act 1871” AS the same pieces or parcels of land are severally delineated on the plan numbered 2 on this skin and thereon colored purple.

SCHEDULE 3

ALL THAT piece or parcel of land situated in the City of Wellington and containing by admeasurement Nine Acres and three Roods more or less and commonly called or known by the name of the Basin Reserve BOUNDED on all sides by Sussex Square AS the same is delineated on the Plan numbered 3 on this skin and thereon colored Green.

SIGNED SEALED AND DELIVERED

By the Honourable William Fitzherbert

Superintendent of the Province of Wellington

in the presence of us

(the words “and commonly called or known by the name of the basin reserve” between the sixth and seventh line of the first schedule having been previously interlined)

C.B. BORLASE

Provl. Solr.

Wellington

Wm. Jones

Clerk to Superintendent

William SEAL Fitzherbert

Schedule 3 Land to be part of Wellington Town Belt on this Act coming into force

s 6(a)(iii)

AreaDescriptionInstrument
1.1558 haLot 73 Deposited Plan 33790Computer Register 668467
0.6118 haSection 28 Ohiro DistrictComputer Register WN593/206
0.2727 haLots 445–447 Deposited Plan 9808Computer Register WN559/64
0.1999 haLots 449–450 Deposited Plan 9808Computer Register WN489/262
0.0986 haLot 60 Deposited Plan 34918Computer Register WN11C/754
0.0918 haLot 448 Deposited Plan 9808Computer Register WN549/96
0.0938 haLot 20–22 Application Plan 1524Computer Register WN23A/607
4.7345 haSection 2 Survey Office Plan 452140Computer Register 590650
33.9405 haSection 30 Ohiro District and Section 1153 Town of WellingtonComputer Register WN676/81
15.0027 haPart Section 1 Upper Kaiwharawhara DistrictComputer Register WN6D/671
0.0296 haPart Section 1 Upper Kaiwharawhara DistrictComputer Register WN20A/507
0.4070 haSection 34 City of WellingtonComputer Register WN75/271
2.3028 haLot 3 Deposited Plan 316137Computer Register 63102
0.0929 haPart Lot 11 Deposited Plan 32496Computer Register WN10C/1492
0.8973 haLot 4 Deposited Plan 316137Computer Register 63103
0.2786 haLot 2–8 Deposited Plan 1402Computer Register WN501/195
0.2188 haLot 13–17 Application Plan 1524Computer Register WN388/156
0.2023 haPart Section 11 Ohiro DistrictComputer Register WN81/265
0.1937 haLot 4–8 Deposited Plan 22555Computer Register WN934/78
0.0850 haLot 18–19 Deposited Plan 1402Computer Register WNE2/465
0.0555 haDeposited Plan 11417Computer Register WN464/324
0.4983 haPart Lot 1 Deposited Plan 10508Computer Register WN608/49
0.0921 haLot 18–19 Deeds Plan 124 and defined on Application Plan 1524Computer Register WN345/47
0.2522 haPart Section 36 City of WellingtonComputer Register WN125/25
0.0354 haPart Lot 24 Deposited Plan 1453Computer Register WN162/266
0.0692 haPart Lot 4 Block IX Deposited Plan 995Gazette Notice 327970.1
0.0665 haPart Lot 5 Block IX Deposited Plan 995Gazette Notice 279720.1
0.1658 haLot 2 Deposited Plan 306858Computer Register 55700
0.1366 haSection 1 SO 303812 and Section 8 SO 303817Part Computer Register 123577
0.2109 haSection 1 Survey Office Plan 22375Computer Register WN597/102
0.9489 haSection 2 SO 303812 and Section 4–6 SO 303817Part Computer Register 69533
0.0234 haPart Section 435 Town of WellingtonComputer Register WN46C/419
8.1142 haSection 1324 Town of WellingtonComputer Register WN22C/3
13.4047 haPart Lot 1 Deposited Plan 66893Computer Register WN47A/439
0.8479 haLot 3 Deposited Plan 78149Computer Register WN44D/514
0.7147 haSection 167 Evans Bay DistrictComputer Register WN22B/899
0.3828 haLot 44 Deposited Plan 66894Computer Register WN36B/370
0.1617 haLot 2 Deposited Plan 80801Computer Register WN47B/602
0.1456 haLot 2 Deposited Plan 66893Computer Register WN36B/369
0.0631 haLot 8 Deposited Plan 313319Computer Register 52420
0.1678 haSection 1 Survey Office Plan 23070Computer Register WN624/38
0.1044 haPart Lot 102–105 Deeds Plan 114Computer Register WN863/42
70.0183 haLot 1, Lot 3 and Lot 6 Deposited Plan 5461, Part Lot 1 Deposited Plan 8709 and Lot 3 Deposited Plan 33855Computer Register WN12D/1439
7.1139 haColoured Green Deposited Plan 10541Computer Register WN469/200
6.4657 haDeposited Plan 10086Computer Register WN19A/369
45.3454 haPart Lot 1 Deposited Plan 10322Computer Register WN47B/388
1.3376 haSection 1 SO 481442Part Computer Register WN48B/341
0.2518 haSection 2 SO 481442Part Computer Register WN48B/341
33.3238 haParts Lot 1 Deposited Plan 8519 and Parts College ReservePart Computer Register WN48B/341 (less Sections 1–5 SO 481442)
24.1836 haPart Lot 1 Deposited Plan 8754Computer Register WN47B/502
10.2960 haPart Lot 1 and Lots 2 and 3 Deposited Plan 10507Computer Register WN427/150
0.6032 haLot 2 Deposited Plan 32684Computer Register WN10A/992
0.2588 haPart Lot 1 Deposited Plan 34279Computer Register WN18D/1361
0.2515 haLot 4 Deposited Plan 81724Computer Register WN48B/339
0.1629 haLot 1 Deposited Plan 46505Computer Register WN18C/585
0.1075 haLot 1 Deposited Plan 32684Computer Register WN10A/991
0.0948 haLot 1 Deposited Plan 80322Computer Register WN47A/234
0.0928 haLot 1 Deposited Plan 33006Computer Register WN9C/1229
0.0803 haLot 1 Deposited Plan 47203Computer Register WN18D/1360
0.0727 haLot 2 Deposited Plan 46132Computer Register WN17B/358
0.0670 haLot 3 Deposited Plan 32684Computer Register WN10A/993
0.0662 haLot 1 Deposited Plan 34024Computer Register WN15A/1225
0.0607 haLot 1 Deposited Plan 33683Computer Register WN20B/500
0.0596 haLot 3 Deposited Plan 81724Computer Register WN48B/338
0.0584 haLot 1 Deposited Plan 34625Computer Register WN12C/1223
0.0579 haLot 5 Deposited Plan 81724Computer Register WN48B/340
0.0541 haPart Lot 1 Deposited Plan 46132Computer Register WN47C/458
0.0511 haLot 2 Deposited Plan 81724Computer Register WN48B/337
0.0407 haPart College Site ReserveComputer Register WN19A/370
0.0374 haLot 1 Deposited Plan 81724Computer Register WN48B/336
0.0278 haLot 1 Deposited Plan 33290Computer Register WN10A/1025
0.0260 haLot 1 Deposited Plan 34790Computer Register WN11B/1136
0.0102 haLot 11 Deposited Plan 8655Computer Register WN385/90
0.0088 haLot 2 Deposited Plan 80751Computer Register WN47B/501
0.0079 haLot 1 Deposited Plan 80170Computer Register WN46D/916
0.0060 haLot 2 Deposited Plan 80322Computer Register WN47A/235
0.0050 haLot 1 Deposited Plan 80751Computer Register WN47B/500
0.0043 haLot 1 Deposited Plan 81126Computer Register WN47C/457
0.0033 haLot 1 Deposited Plan 84926Computer Register WN52B/853
0.0032 haLot 1 Deposited Plan 80376Computer Register WN47A/347
0.0028 haLot 1 Deposited Plan 80431Computer Register WN47A/502
0.0027 haLot 1 Deposited Plan 80711Computer Register WN47B/387
0.0018 haLot 2 Deposited Plan 84926Computer Register WN52B/854
0.1866 haLot 2 Deposited Plan 45564Computer Register WN19B/859
0.1365 haLot 3 Deposited Plan 45564Computer Register WN19B/860
0.2201 haLot 1 Deposited Plan 45564Computer Register WN19B/858
0.2995 haLots 35–36 Deposited Plan 17934Computer Register WN42D/764
18.6364 haSection 2 Survey Office Plan 38299Computer Register WN58B/128
0.4075 haPart Subdivision 3 Block XVA Polhill Gully Native ReserveComputer Register WN362/202
0.4027 haLot 12–15 Block VIII Deposited Plan 995Computer Register WN425/168
0.1477 haLot 2–3 Block IX Deposited Plan 995Computer Register WN849/7
0.0779 haLot 1 Block IX Deposited Plan 995Computer Register WN835/93
0.0717 haPart Lot 6 Block IX Deposited Plan 995Computer Register WN834/34
15.7584 haPart Lot 1 Deposited Plan 8914 and Lot 2 Deposited Plan 8914Computer Register WN46D/912
0.0030 haLot 1 Deposited Plan 80168Computer Register WN46D/910
0.0020 haLot 2 Deposited Plan 80168Computer Register WN46D/911
3.3061 haLot 1 Deposited Plan 51766Computer Register WN21A/468
6.4719 haPart Section 13–14 Orangi Kaupapa Block, Part Lot 4 Deposited Plan 706 and Lot 2 Deposited Plan 51241Computer Register WN21C/945
0.1406 haLots 1 and 2 Deposited Plan 2322Computer Register 668465
2.9815 haPart DP A 2182 and Part Section 10 Ohiro DistrictPart Gazette Notice 066328.1 (less Lots 1–3 DP 5855)
0.0506 haLot 16 Deposited Plan 2011Part Proclamation 789176
0.1362 haLots 18 and 19 Deposited Plan 27337Computer Register WNE2/191
2.7879 haSection 1 SO 474071Part Computer Register WN437/213
30.5575 haSection 1 SO 476360Part Computer Register WN52B/855
0.4142 haSection 2 SO 476360Part Computer Register WN716/19
1.1292 haSection 3 SO 476360Part Computer Register WN716/19
0.0527 haSection 4 SO 476360Part Computer Register WN716/19
0.0181 haSection 5 SO 476360Part Computer Register WN52B/855
0.2178 haSection 6 SO 476360Part Computer Register WN52B/855
7.9383 ha (deduced)Part Lot 1 DP 8835Part Computer Register WN52B/855 (less Sections 1, 5–7 and 9 SO 476360)
31.6008 haSection 1 SO 474197Part Computer Register WN19B/861
0.0746 haSection 2 SO 474197Road
0.0859 haSection 3 SO 474197Road
0.2292 haSection 4 SO 474197Road
0.0251 haSection 5 SO 474197Part Computer Register WN19B/861
0.3216 haSection 6 SO 474197Part Computer Register WN19B/861
0.0764 haSection 8 SO 474197Road
0.0008 haSection 3 SO 19450Part Computer Register WN19B/861
24.7080 ha (deduced)Part Lot 1 DP 10181Part Computer Register WN19B/861 (less Sections 1, 5–7, and 9–11 SO 474197 and Section 3 and an area coloured red SO 19450)
0.1673 haSection 1 SO 19450Road
0.1145 haSection 2 SO 19450Road
0.0096 haSection 4 SO 19450Road
0.6395 haSection 1 SO 474199Road
0.7561 haSection 2 SO 474199Part Computer Register WN46D/915
0.5498 haSection 3 SO 474199Part Computer Register WN46D/915
27.9636 haPart Lot 1 DP 10397Part Computer Register WN46D/915
27.4201 haLot 1, Lots 4–6, Part Lot 2 and Part Lot 7 DP 10337Part Computer Register WN46D/917
24.7585 haLots 3, 7 and 8 and Part Lots 1, 2 and 4 DP 10508Part Computer Register WN12D/1438 (less Lots 5 and 6 DP 10508, Sections 1–2 SO 480332)
0.0458 haSection 1 SO 18330Part Deeds Index 1/4A
0.0497 haSection 2 SO 18330Part Deeds Index 1/4A
0.0497 haSection 3 SO 18330Part Deeds Index 1/4A
0.0908 haSection 4 SO 18330Part Deeds Index 1/4A
0.0347 haSection 1 SO 18506Part Deeds Index 1/4A
0.1212 haSection 1 SO 479863Part Deeds Index 1/4A

Schedule 4 Land not to be Wellington Town Belt on this Act coming into force—road

s 27(1)

AreaDescriptionInstrument
0.0730 haSection 7 SO 476360Part Computer Register WN52B/855
0.1791 haSection 8 SO 476360Part Computer Register WN716/19
0.1173 haSection 9 SO 476360Part Computer Register WN52B/855
0.0975 haSection 10 SO 476360Part Computer Register WN716/19
0.0158 haSection 7 SO 474197Part Computer Register WN19B/861
0.0026 haSection 9 SO 474197Part Computer Register WN19B/861
0.0048 haSection 10 SO 474197Part Computer Register WN19B/861
0.0526 haSection 11 SO 474197Part Computer Register WN19B/861
0.3764 haThe land coloured red on SO 19450 with an area of 0a-3r-28.8pPart Computer Register WN19B/861
0.7210 haSection 5 SO 474199Computer Register WN46D/913, Computer Register WN46D/914 and Part Computer Register WN46D/915
0.2303 haLots 5 and 6 DP 10508Part Computer Register WN12D/1438
0.0047 haSection 2 SO 480332Part Computer Register WN12D/1438
0.3688 haLand coloured blue on SO 27818 with an area of 0a-3r-25.8pDeeds Index 1/4A
0.7010 haSection 3 SO 481442Computer Register WN48B/341
0.0047 haSection 4 SO 481442Computer Register WN48B/341
0.0831 haSection 5 SO 481442Computer Register WN48B/341

Schedule 5 Land not to be Wellington Town Belt on this Act coming into force—local purpose reserve

s 27(2)

AreaDescriptionInstrument
0.1860 haSection 4 SO 474199Part Computer Register WN46D/915
0.0206 haSection 1 SO 480332Part Computer Register WN12D/1438

Schedule 6 Land not to be Wellington Town Belt on this Act coming into force—general

s 27(3)

AreaDescriptionInstrument
0.0154 haLot 3 DP 10337Part Computer Register WN46D/917

Schedule 7 Wellington Botanic Garden land

s 5

AreaDescriptionInstrument
24.7969 haPart Lot 1 DP 8530Computer Register WN48A/126
0.0023 haLot 1 DP 81339Computer Register WN48A/124
0.0353 haLot 2 DP 81339Computer Register WN48A/125
0.0405 haLot 2 DP 74620Computer Register WN43A/732
0.0037 haLot 1 DP 80242Computer Register WN47A/35
0.2840 haLot 1 DP 55960Computer Register WN25B/56
0.1353 haLot 2 DP 55960Computer Register WN25B/57
0.1862 haSections 1224 and 1225 Town of WellingtonComputer Register WNC2/1321
Legislative history

7 September 2015

Introduction (Bill 43–1)

16 September 2015

First reading and referral to Local Government and Environment Committee

26 February 2016

Reported from Local Government and Environment Committee (Bill 43–2)

16 March 2016

Second reading

6 April 2016

Committee of the whole House (Bill 43–3)

4 May 2016

Third reading

9 May 2016

Royal assent