Clevedon Agricultural and Pastoral Association Empowering Act 1994

Reprint
as at 2 September 1994

Crest

Clevedon Agricultural and Pastoral Association Empowering Act 1994

Private Act1994 No 6
Date of assent1 September 1994
Commencement1 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—

  • (a) to enable the Clevedon Agricultural and Pastoral Association to sell land to the Manukau City Council and to provide for the future use of that land; and

  • (b) to authorise the investment of the proceeds of that sale

  • Preamble

    Whereas the Clevedon Agricultural and Pastoral Association is registered as proprietor of an estate in fee simple in the land described in the Schedule, which is situated within the City of Manukau: And whereas the Association is a duly constituted society pursuant to the Agricultural and Pastoral Societies Act 1908: And whereas the Manukau City Council desires to acquire the said land for recreational sport, parkland, and other purposes: And whereas the Association holds the land subject to the provisions of that Act which prohibits the intended sale of the land to the Council: And whereas at the annual general meeting of the Association held in Clevedon on 5 July 1989 the Association resolved to apply for legislative authority to enable the Association to transfer the land to the Council on the condition that the Association will continue to have the use thereof for a number of days each year without charge: And whereas the Association wishes to invest the proceeds of the sale of the land subject to certain restrictions: And whereas by virtue of section 7 of that Act the requisite authority enabling the Association to dispose of the proceeds of the sale of the land as it desires is attainable only by legislation.

1 Short Title
  • This Act may be cited as the Clevedon Agricultural and Pastoral Association Empowering Act 1994.

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

    Association means the Clevedon Agricultural and Pastoral Association Incorporated

    Council means the Manukau City Council

    the land means the land described in the Schedule

    leased land means that portion of the land to be subdivided from the land and leased pursuant to section 4(2)

    the showground means the balance of the land excluding the leased land.

3 Sale of land
  • Notwithstanding the provisions of section 7 of the Agricultural and Pastoral Societies Act 1908 or the rules of the Association, but subject to the provisions of this Act, the Association is hereby empowered to, and shall without undue delay after the commencement of this Act, sell and transfer the land free of all encumbrances and charges to the Council as a recreation reserve under the Reserves Act 1977 for a consideration of $275,000.

4 Use of reserve
  • (1) Without undue delay after obtaining title to the land, the Council shall subdivide the land to create a lot of 5 000 square metres, more or less, to be the leased land, and shall deposit the survey plan of subdivision in the Land Transfer Office at Auckland.

    (2) Forthwith upon receipt of notice of the deposit of that survey plan of subdivision the Council shall grant to the Association a lease of the leased land pursuant to section 54(1)(c) of the Reserves Act 1977; and the lease shall be in accordance with Schedule 1 of the Reserves Act 1977 for leases pursuant to that section and providing for—

    • (a) a term of 15 years from the date of deposit of that survey plan; and

    • (b) one right of renewal for 15 years; and

    • (c) an initial rental of 10 cents per annum; and

    • (d) rent reviews every 5 years; and

    • (e) an obligation on the lessee to expend a substantial sum of money on the leased land during the term of the lease as required by section 54(1)(c) of the Reserves Act 1977; and

    • (f) such other terms and conditions as the Council would customarily include in leases of recreation reserve for similar purposes.

    (3) The Resource Management Act 1991 shall not apply in respect of the subdivision and leasing of the land pursuant to this section.

    (4) Notwithstanding section 53 of the Reserves Act 1977—

    • (a) the Council is hereby authorised to and shall, if it receives not less than 3 months' notice of the Association's requirement, grant to the Association the exclusive use of the showground and all buildings thereon free of charge in all respects for up to 10 days in each calendar year, during the term of the lease, for the purpose of conducting its annual show; and the Council shall also grant to the Association the exclusive use of the showground free of charge in all respects for the purpose of conducting such livestock fairs as may be approved by the Council:

    • (b) the Association shall be entitled to make such charges as it thinks fit to exhibitors and members of the public for use of or entry to the showground during such periods as it has such exclusive use of the showground:

    • (c) the Association shall be entitled to access to the showground for a reasonable number of days before and after its show and fairs for the purpose of the preparation for and termination thereof.

5 Farm land
  • For the purposes of the Land Settlement Promotion and Land Acquisition Act 1952 the land is deemed not to be farm land.

6 Investments
  • Notwithstanding the provisions of section 7 of the Agricultural and Pastoral Societies Act 1908 and of section 3 of the Agricultural and Pastoral Societies Amendment Act 1912, the Association may apply the purchase money received by the Association from the Council on the sale of the showground to the Council in the following manner:

    • (a) the repayment and satisfaction of the Association's current debts and liabilities, whether secured or unsecured:

    • (b) in establishing a capital reserve fund from which any money from time to time available for investment may be invested by the Association in any type of investment from time to time authorised for the investment of trust funds:

    • (c) the expenditure from the capital reserve fund of money for the erection of buildings for use by the Association:

    • (d) the expenditure of the income received from the capital reserve fund for carrying out, where necessary, the maintenance of all buildings, grandstands, and stockyards owned by the Association, if the expenditure is of a capital or maintenance nature:

    • (e) the carrying out of the objects of the Association as set out in section 10 of the Agricultural and Pastoral Societies Act 1908:

    • (f) the purchase of other land suitable for the purposes of the Association.

7 Private Act
  • This Act is hereby declared to be a private Act.


Schedule

s 2

All of that parcel of land situated in the North Auckland Land Registration District containing 7.9033 hectares, more or less, being part of Allotment 3 of the Parish of Wairoa, and also being the balance of the land comprised and described in certificate of title, Volume 585, folio 203 (Auckland Registry) limited as to parcels.


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 Clevedon Agricultural And Pastoral Association Empowering Act 1994. The reprint incorporates all the amendments to the Act as at 2 September 1994, 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)