Napier Borough Endowments Act 1876

Napier Borough Endowments Act 1876

Public Act1876 No 79
Date of assent30 October 1876

An Act to vest in the Mayor, Councillors, and Burgesses of the Borough of Napier certain Lands in the said Borough.

  • Preamble

    WHEREAS the inhabitants of the Town of Napier have been created a Corporation, under the name of The Mayor, Councillors, and Burgesses of the Borough of Napier: And whereas it is expedient that the lands described in Schedules 1 and 2 hereunder written should be vested in the said Corporation, for the purposes and with the powers hereinafter mentioned:

BE IT THEREFORE ENACTED by the General Assembly of New Zealand in Parliament assembled, and by the authority of the same, as follows:

1 Short Title
  • The Short Title of this Act shall be The Napier Borough Endowments Act 1876.

1A Interpretation
  • In this Act, unless the context otherwise requires, Council means the Napier City Council as constituted by clause 52 of the Local Government (Hawke's Bay Region) Reorganisation Order 1989 (Gazette, 1989, Volume III, page 2334).

    Section 1A was inserted, as from 8 September 1999, by section 2 Napier Borough Endowments Amendment Act 1999 (1999 No 3(L)).

2 Lands in Schedules 1 and 2 be endowment for Borough of Napier
  • All the lands described in Schedules 1 and 2 in this Act are hereby declared to be an endowment for the use benefit and improvement of the Borough of Napier.

3 All lands heretofore vested in Superintendent of Hawke's Bay to be vested in Mayor, Councillors, and Burgesses of Napier
  • Such of the said lands as before the passing of this Act shall have been granted by the Crown, and shall have been vested in the Superintendent of the Province of Hawke's Bay, whether subject to any trusts or for any purposes or not, shall, from and after the passing of this Act, vest for an estate in the fee-simple, without any conveyance, in The Mayor, Councillors, and Burgesses of the Borough of Napier and their successors, for such purposes as are mentioned in the second section of this Act, and freed and absolutely discharged from any trusts or purposes to which the same were made subject by the grants under which the same are held by the Superintendent; and such of the said lands as shall not before the passing of this Act have been granted by the Crown shall, on the passing of this Act, be granted to The Mayor, Councillors, and Burgesses of the Borough of Napier, for the purposes mentioned in the second section of this Act.

4 Powers of the Borough of Napier in respect of lands described in Schedule 1
  • The Mayor, Councillors, and Burgesses of the Borough of Napier, in respect of the lands described in Schedule 1, and any other lands for the time being held by them under the provisions of this Act, may from time to time exercise all or any of the powers following, that is to say,—

    (1) May raise money by mortgage or debenture without power of sale, and subject to and with such powers covenants and stipulations as they may think fit.

    (2) May lease the land in accordance with the Public Bodies Leases Act 1969.

    (3) May lay out roads through the said lands.

    (4) May dedicate any part or parts of such lands for public or for recreation purposes.

    (5) May erect any buildings on the said lands or on any part thereof.

    Subsection (2) was substituted, as from 8 September 1999, by section 3 Napier Borough Endowments Amendment Act 1999 (1999 No 3(L)).

4A Certain land may be sold
  • (1) This section applies to any land described in Schedule 3 that is vested in the Council.

    (2) Subject to section 140 of the Local Government Act 2002 and subsection (3) of this section, the Council may sell any land to which this section applies.

    (3) For so long as—

    • (a) Any land to which this section applies is leased by the Council; and

    • (b) There is erected on it a building that, in the opinion of the Council (whose decision is final) is designed for residential purposes and occupied exclusively as a home by the lessee and the lessee's family (if any),—

    the council must not sell the land to any person other than the lessee.

    (4) A lessee from the Council of any land to which this section applies who buys it from the Council must, at the lessee's own cost and to the Council's satisfaction, arrange for the registration of the effective merger of the leasehold interest in the fee simple of the land, or otherwise for the effective extinguishment of the leasehold interest.

    (5) [Repealed]

    Section 4A was inserted, as from 8 September 1999, by section 4 Napier Borough Endowments Amendment Act 1999 (1999 No 3(L)).

    Subsection (2) was substituted, as from 1 July 2003, by section 262 Local Government Act 2002 (2002 No 84). See sections 273 to 314 of that Act as to the savings and transitional provisions.

    Subsection (5) was repealed, as from 1 July 2003, by section 262 Local Government Act 2002 (2002 No 84). See sections 273 to 314 of that Act as to the savings and transitional provisions.

5 Powers of the Borough of Napier in respect of lands described in Schedule 2
  • The said Mayor, Councillors, and Burgesses of the Borough of Napier may from time to time, in respect of the land described in Schedule 2, exercise all or any of the powers following, but none other, that is to say,—

    (1) May enclose, lay out, and plant the same or any part thereof.

    (2) May dedicate such land or any part thereof for public or for recreation purposes.

6 Mortgages not prejudicially affected by this Act
  • Nothing contained in this Act shall prejudicially affect any lien mortgage or encumbrance heretofore made or now subsisting in respect of the said lands or any of them.


Schedule 1
Reserves, Borough of Napier.

  • The words High Court were substituted, as from 1 April 1980, for the words Supreme Court pursuant to section 12 Judicature Amendment Act 1979 (1979 No 124).

RESERVE originally set apart as a site for Town Hall and Court House, containing 5 acres 3 roods, more or less. Bounded towards the North-east by Faraday Street, 500 links; towards the South-east and South by Wellesley Road, 750 links and 925 links respectively; and towards the North-west by Carlyle Street, 1550 links.

Portion of reserve known as the Market Reserve, Section No 603, Town of Napier, containing 2 roods 2 poles, more or less. Bounded on the North-west by Tennyson Street, 205 links; on the North-east by Hastings Street, 250 links; on the South-east by Emerson Street, 205 links; and on the South-west by a public street (unnamed), 250 links.

Part of reserve on which the High Court House and Athenæum are situated, containing 1 rood 23 poles, more or less. Bounded towards the North by a line easterly, 210 links; towards the East by the Beach Road, 286 links; towards the South by Tennyson Street, 93 links; towards the West by Herschel Street, 249 links.

Reserve Section No 553, Town of Napier, containing 2 roods 20 poles, more or less. Bounded on the East by the Beach Road, 250 links; on the South by Section No 554, 250 links; on the West by Hastings Street, 250 links; on the North by Section No 312, 250 links.

Reserve Section No 568, Town of Napier, containing 1 rood 19 poles, more or less. Bounded on the East by Hastings Street, 514 links; on the South-west by Munroe Street, 550 links; on the North by Section No 313, 192 links.

Reserve Section No 569, Town of Napier, containing 2 roods 12 poles, more or less. Bounded on the North by Section No 314, 264 links; on the South-west by Wellesley Road, 292 links; on the South by Section No 570, 220 links; on the North-east by Munroe Street, 200 links.

Reserve Section No 575, Town of Napier, containing 3 roods 16 poles, more or less. Bounded on the North by Section No 574, 216 links; on the East by Hastings Street, 811½ links; on the South-west by Wellesley Road, 838 links.

Reserve Section No 576, Town of Napier, containing 2 roods 26 poles, more or less. Bounded on the North-east by a road, 594 links; on the West by Wellesley Road, 549 links; on the South by Section No 577, 242 links.

Reserve Section No 587, Town of Napier, containing 1 rood 8 poles, more or less. Bounded on the North by Hardinge Road, 146 links; on the East by Section No 478, 213 links; on the South by Waghorn Street, 146 links; on the West by Section No 479, 207 links.

Section No 598, Town of Napier, containing 1 rood, more or less. Bounded on the North by Section No 597, 228 links; on the East by Crown lands, 110 links; on the South by a reserve, Section No 599, 228 links; on the West by the West Quay, 110 links.

Section No 600, Town of Napier, containing 1 rood, more or less. Bounded on the North by a reserve, Section No 599, 228 links; on the East by Crown lands, 110 links; on the South by Section No 601, 228 links; on the West by the West Quay, 110 links.

Section No 610, Town of Napier, containing 1 rood 12 poles more or less. Bounded on the North by Lever Street, 331 links; on the East by Colin Street, 100 links; on the South by Section No 611, 323 links; on the West by a public road, 100 links.

Section No 613, Town of Napier, containing 1 rood, more or less. Bounded on the North by Section No 612, 304 links; on the East by Colin Street, 85 links; on the South by Section No 614, 290 links; on the West by a public road, 86 links.

Section No 614, Town of Napier, containing 38 poles, more or less. Bounded on the North by Section No 613, 290 links; on the East by Colin Street, 85 links; on the South by a line westerly, 275 links; on the West by a public road, 86 links.

Section No 615, Town of Napier, containing 34 poles, more or less. Bounded on the North by a reserve, Section No 616, 250 links; on the East by a line southerly, 85 links; on the South by a line westerly, 250 links; on the West by Colin Street, 85 links.

Section No 617, Town of Napier, containing 1 rood, more or less. Bounded on the North by Section No 618, 250 links; on the East by a line southerly, 100 links; on the South by a reserve, Section No 616, 250 links; on the West by Colin Street, 100 links.

Section No 620, Town of Napier, containing 1 rood, more or less. Bounded on the North by a reserve, Section No 621, 250 links; on the East by a line southerly, 100 links; on the South by Lever Street, 250 links; on the West by Colin Street, 100 links.

Schedule 2

RESERVE known as Clive Square, containing 3 acres 32 poles, more or less. Bounded on the North-east by a public road or street, 800 links; on the South-east by Thackeray Street, 400 links; on the South-west by a public road or street, 800 links; and on the North-west by Tennyson Street, 400 links.

Reserve for Botanical Gardens, containing 12 acres, more or less. Bounded towards the North by Goldsmith Road and Chaucer Road; towards the East by the Burial-ground Reserve; towards the South by Spenser Road; towards the West by Lawrence Road and Spenser Road.

Schedule 3

section 4A(1)

  • Schedule 3 was inserted, as from 8 September 1999, by section 5 Napier Borough Endowments Amendment Act 1999 (1999 No 3(L)).

Legal DescriptionArea m²Certificate of Title Reference (Hawke's Bay Registry)Street Address
1. Lots 1 and 2, Deposited Plan 8884180081/55 (Balance)465 Hastings Street.
2. Lot 2, Deposited Plan 229676537P3/823 (All)Council Flats between Carlyle and Thackeray Streets.
3. Lot 1, Deeds Plan 96034458/162 (All)512 Hastings Street.
4. Lot 2, Deeds Plan 96028758/163 (All)439 Marine Parade.
5. Lots 3 and 4 of a Subdivision of Town Section 533, Town of Napier126458/164 (All)514 Hastings Street.
6. Lot 1, Deposited Plan 20159324L4/1143 (All)510 Hastings Street.
7. Lot 2, Deposited Plan 20159313L4/1144 (All)435 Marine Parade.
8. Part Town Section 576, Town of Napier2098L2/977 (All)56 McGrath Street.
(SO 10312) being Lots 1, 2, and 3, and part Lots 4, 5, 6, and 13, Deposited Plan 4182 L2/978 (All)54 McGrath Street.
  L2/979 (All)52 McGrath Street
  L2/980 (Part)50 McGrath Street.
  L2/981 (Part)48 McGrath Street.
  L2/982 (Part)46 McGrath Street.