Wellington City Reserves Act 1871

Reprint as at 3 June 2017

Wellington City Reserves Act 1871

Public Act
 
1871 No 23
Date of assent
 
14 November 1871
 
Note

Changes authorised by subpart 2 of Part 2 of the Legislation Act 2012 have been made in this eprint. See the notes at the end of this eprint for further details.

An Act to provide for the Management of certain parcels of land in the City of Wellington.

Preamble

Whereas by grant from the Crown dated 3 June 1861 the land firstly described in Schedule 1 annexed and hereinafter referred to as the Town Belt was granted to Isaac Earl Featherston then Superintendent of the Province of Wellington in trust for purposes of public utility to the Town of Wellington and its inhabitants And whereas by another grant from the Crown dated the said 3 June 1861 the land secondly described in the said Schedule 1 annexed and hereinafter referred to as the Canal and Basin Reserve was also granted to the said Isaac Earl Featherston Superintendent as aforesaid in trust for purposes of public utility to the Town of Wellington and its inhabitants:

And whereas by an Act of the Superintendent and Provincial Council of the Province of Wellington intituled “An Act for the better management of certain parcels of land in the City of Wellington” certain provisions were made for the management of the lands granted as aforesaid And whereas it is expedient that the said recited Act should be repealed And whereas by grant from the Crown dated 27 October 1852 the land described in Schedule 2 annexed and hereinafter referred to as the Wesleyan Reserve was granted to James Watkin Superintendent of Wesleyan Missions for the Province of Wellington and his successors in that office And whereas the said James Watkin as such grantee acting with the consent of the governing body of the Wesleyan Denomination entered into arrangements with the said Isaac Earl Featherston as such Superintendent as aforesaid for the sale to him of the said land so granted by the said lastly recited deed of grant but such arrangements were never fully carried into effect And whereas doubts have arisen whether the said James Watkin can make a valid title to the said land and it is expedient to remove such doubts And whereas it is expedient to make provision for the future management as well of the said lands described in Schedule 1 annexed as of the said Wesleyan Reserve when the same shall have been conveyed to the Superintendent for the time being of the said Province of Wellington as hereinafter provided:

 
1 Short Title

The Short Title of this Act shall be the Wellington City Reserves Act 1871.

2 Repeal of Act

The hereinbefore recited Act of the Superintendent and Provincial Council of the Province of Wellington is hereby repealed saving nevertheless to all persons any rights which they may have acquired thereunder.

3 Land in Schedule 2 to be conveyed to the Superintendent

For the purpose of carrying into effect any arrangement for the sale or conveyance of the Wesleyan Reserve to the Superintendent for the time being of the said Province of Wellington the said James Watkin his heirs or assigns shall within 6 calendar months after the passing of this Act upon payment of the balance of the purchase money convey to the said Superintendent and his successors the land described in Schedule 2 annexed and from and after the execution of such conveyance the said land shall be deemed to be absolutely freed and discharged from all trusts theretofore affecting the same.

4 Superintendent to convey to Board
[Repealed]

Section 4: repealed, on 3 June 2017, by section 3(2) of the Statutes Repeal Act 2017 (2017 No 23).

5 Superintendent to convey to Botanic Garden Governors part of land in Schedule 2

The Superintendent for the time being of the said Province of Wellington may with the advice and consent of his Executive Council convey to the Governors of the Botanic Gardens created under the provisions of the Botanic Gardens Act 1869 [Repealed] all or any part of the land described in Schedule 2 hereunto annexed to hold the same unto the said Board of Governors upon trust for such purposes of public utility to the City of Wellington and its inhabitants and with such powers as shall in and by the deed or deeds of conveyance thereof be expressed and declared.

6 Superintendent may set apart land for Lunatic Asylum
[Repealed]

Section 6 was repealed, as from 5 October 1872, by section 7 Wellington City Reserves Act 1872 (1872 No 13).

Schedule 1

Town Belt

All that parcel of land in the Province of Wellington in our Colony of New Zealand situate at and adjoining the Town of Wellington containing by admeasurement 1 234 acres 2 roods and 18 perches more or less bounded towards the North by section No 1 Harbour District by section No 28 Karori District 2 575 links by section No 20 Ohiro District 1 850 links and by section No 3 Evans’s Bay District 1 150 links towards the East by sections No 1 2 3 4 5 and 6 Evans’s Bay District 24 550 links towards the South by sections No 2 and 5 Town District 4 000 links and 5 000 links respectively by section No 12 Ohiro District 950 links and 1 750 links by section No 11 Ohiro District 2 350 links and by section No 28 Karori District 2 250 links towards the West by a public road 950 links by sections No 20 18 15 12 11 10 and the Ohiro Road 19 520 links by sections No 28 29 and 30 Karori District 11 350 links by sections No 1 2 and 3 Kaiwarrawarra District 5 100 links and part of Lambton Harbour excepting always out of the said boundaries the City of Wellington as the same was originally laid out by the New Zealand Company as delineated in a plan appended to the grant thereof.

Canal and Basin reserve

All that parcel of land in the Province of Wellington situate in the Town of Wellington containing by admeasurement 15 acres more or less bounded towards the North by high watermark about 131 links and by Sussex Square 1 100 links towards the East by Kent Terrace 4 040 links and Sussex Square 890 links and towards the West by Sussex Square 890 links and by Cambridge Terrace 4 040 links as the same is delineated on the plan appended to the grant thereof.

Schedule 2

Wesleyan Reserve

All that piece or parcel of land situate and being in the Town of Wellington in the Province of Wellington and bounded on the North-west South-west and South in an irregular line by the Karori Road 240 links and 266 links by the Botanic Gardens 339 links and 2 865 links and by No 28 Karori District 1 903 links 1 115 links and 285 links towards the East South-east North-east and North by a branch of the Kumutoto Stream and an irregular line forming the boundary of the Town Belt 600 links 539 links 335 links and 174 links and by the Wesleyan Road 1 088 links and 1 113 links the contents being 73 acres 1 rood and 22 perches or thereabouts.

Eprint notes
1 General

This is an eprint of the Wellington City Reserves Act 1871 that incorporates all the amendments to that Act as at the date of the last amendment to it.

2 About this eprint

This eprint is not an official version of the legislation under section 18 of the Legislation Act 2012.

3 Amendments incorporated in this eprint

Statutes Repeal Act 2017 (2017 No 23): section 3(2)

Wellington City Reserves Act 1872 (1872 No 13): section 7