Reserves, Endowments, and Crown and Maori Lands Exchange, Sale, Disposal, and Enabling Act 1898

Reserves, Endowments, and Crown and Maori Lands Exchange, Sale, Disposal, and Enabling Act 1898

Public Act1898 No 39
Date of assent5 November 1898

Contents

Title


An Act to make Provision for the Exchange, Sale, Reservation, and other Disposition of certain Crown Lands, Reserves, and Endowments; and for the Investigation and Settlement of certain Matters relating to Maori and other Lands and the Titles thereto, and for other Purposes connected therewith.

  • The word Maori was substituted, as from 27 November 1947, for the word Native pursuant to section 2(2) Maori Purposes Act 1947 (1947 No 59).

BE IT 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 is The Reserves, Endowments, and Crown and Maori Lands Exchange, Sale, Disposal, and Enabling Act 1898.

    The word Maori was substituted, as from 27 November 1947, for the word Native pursuant to section 2(2) Maori Purposes Act 1947 (1947 No 59).

2 Change of reserves in Karioi District
  • Whereas section numbered 100, Parish of Whaingaroa, Block VI, Karioi Survey District, Land District of Auckland, containing by admeasurement one hundred and sixty acres, more or less, was disposed of to one William Gibbison and family under the homestead conditions contained in Appendix A of The Land Act 1885: And whereas the said land was in error also reserved and set apart as an endowment for primary education by a Proclamation dated the sixteenth day of October, one thousand eight hundred and eighty-nine, and published in New Zealand Gazette of the twenty-fourth day of October, one thousand eight hundred and eighty-nine, and it is desirable to set apart other land as an endowment for primary education in lieu thereof: Be it therefore enacted as follows:—

    (1) The reservation of the aforesaid section as an endowment for primary education is hereby cancelled, and the disposal thereof as aforesaid is hereby validated.

    (2) The Governor may, by Gazette notice, set apart as an endowment for primary education the north part of section numbered 84, Parish of Whaingaroa, Block VI, Karioi Survey District, Land District of Auckland, containing by admeasurement one hundred and sixty acres, more or less.

3 Power to exchange reserve with Whangarei Harbour Board
  • Whereas by section four of The Reserves Disposal and Exchange Act 1895, the parcel of land being section numbered 79A of the Parish of Manaia, in the Land District of Auckland, containing one hundred and fourteen acres, more or less, was reserved and set apart as an endowment for the Whangarei Harbour Board, and a certificate of title in respect thereof has been issued to the said Board: And whereas an agreement has been come to with the Board for the exchange of the said parcel of land for other land: Be it therefore enacted as follows:—

    (1) The Governor may, by notice in the Gazette, vest in Her Majesty the said parcel of land for an estate in fee-simple, freed from all trusts and encumbrances, and in exchange therefor grant to the said Board section numbered 1A, situated in Block IV, Ruakaka Survey District, containing forty-eight acres, more or less, to be held by the said Board in trust as an endowment for the Whangarei Harbour, freed from any reservation hitherto existing over the said land by reason of an Order in Council dated the nineteenth day of August, one thousand eight hundred and sixty-eight, reserving the land for public buildings and General Government purposes.

    (2) Upon a copy of such Gazette notice being deposited in the office of the District Land Registrar at Auckland, he shall, without fee, make all such entries and issue all such certificates or other documents as are necessary for the purpose of registering the titles to the lands so exchanged.

4 Reserve for Borough of Whangarei
  • The parcels of land described in Schedule 1 hereto are hereby granted to the Corporation of the Borough of Whangarei for an estate in fee-simple, without power of sale, as a reserve for the conservation of the water-supply of the Town of Whangarei and for the growth and preservation of timber.

    And whereas the said land contains two small reservations for primary education—namely, sections numbered 54 and 76, Parish of Whangarei, Purua Survey District, containing by admeasurement thirty-three acres two roods and thirty-six acres respectively:

    Be it therefore enacted that the reservation of sections numbered 54 and 76, Parish of Whangarei, for primary education is hereby cancelled, and the Governor may, by Gazette notice, set apart other land for primary education of an equal area or value in lieu thereof.

5 Amendment as to land wrongly included in road, Kohukohu
  • Whereas the two parcels of land described in Schedule 2 hereto are included in a certain road, a plan of which was registered in pursuance of subsection four of section one hundred of The Public Works Act 1894, and they have thereby become part of a public road vested in Her Majesty, and it is desirable that the effect of such registration should be cancelled: Be it therefore enacted that the registration of the said plan, in so far as it affects the said lands, is hereby cancelled, and the District Land Registrar or the Registrar of Deeds at Auckland shall amend the register accordingly.

6 Public hall and library site, Omaha, may be vested in trustees
  • [Repealed]

    Section 6 was repealed, as of 20 October 1978, by section 6(2) Reserves and Other Lands Disposal Act 1978 (1978 No 77).

7 Renewals of leases under The Auckland Hospital Reserves Act 1883
  • The following provisions shall apply to all leases now or hereafter granted by the Public Trustee under the provisions of The Auckland Hospital Reserves Act 1883, or this Act except leases in respect of allotments numbered 1, 2, 3, and part of allotment numbered 4 of section numbered 15 of the City of Auckland, containing three roods twenty-eight perches—bounded towards the north by Victoria Street, 328 links; towards the east by Queen Street, 283 links; towards the south by Darby Street, 328 links; and towards the west by Elliott Street, 283 links:—

    (1) Not sooner than eighteen months and not later than nine months before the end of the term granted by the lease two separate valuations shall be made by a valuer appointed by the Public Trustee—to wit, a valuation of the then gross value of the fee-simple of the land then included in the lease, and also a valuation of all substantial improvements of a permanent character made or acquired by the then or any proceeding lessee and then in existence on the land.

    (2) As soon as practicable after the valuations are made, being in no case later than six months before the end of the term, the Public Trustee shall cause a copy to be served upon the lessee.

    (3) Within seven days after receipt of such copy the lessee shall, by notice in writing delivered to the Public Trustee, elect whether he will accept a fresh lease of the land for a further term equal in duration to that granted by, and (except as to the rent to be paid thereunder) upon the same terms, and subject to the same provisoes, powers, covenants, and conditions, as are contained and implied in, the lease then existing together with the right of further renewal and all other rights thereby conferred, and so from time to time at the expiration of each further or renewed term on the same terms and conditions on which the original lease may have been granted hereunder or thereunder, but subject nevertheless to the fixing as herein provided at the end of each term of the rent payable during such further or renewed term; such further term to commence on the expiration of the then existing term, and the annual rental to be equal to five dollars per centum on the gross value of the land after deducting therefrom the value of the substantial improvements of a permanent character as fixed by the respective valuations aforesaid.

    (4) If the lessee does not duly elect to accept a fresh lease as above mentioned, or if, having duly elected to accept the same, he fails, refuses, or neglects to execute the fresh lease within seven days after receiving notice in writing from the Public Trustee so to do, then a new lease of the land shall, not later than one month before the end of the term for which the terminating lease was granted, be put up for sale by public auction by the Public Trustee.

    (5) The upset annual rent payable under such new lease shall be fixed by the Public Trustee, not being a greater sum than that at which the aforesaid fresh lease was offered to the outgoing lessee, and the term of such new lease, and the provisoes, powers, covenants, and conditions to be contained and implied therein, shall (except as to the amount of the aforesaid annual rent) be the same as in the case of the expiring lease.

    (6) If any person other than the outgoing lessee is declared the purchaser of such new lease, he shall, within fourteen days from the date of sale, pay over to the Public Trustee the amount of the value of the substantial improvements of a permanent character as fixed by the valuation before referred to.

    (7) When the day arrives on which the terminating lease expires, or thereafter, if the Public Trustee is satisfied that the outgoing lessee has let the new lessee into quiet possession of the land, and that none of the improvements which were thereon when the valuation mentioned in this section was made have been destroyed or appreciably damaged, the Public Trustee shall pay over to the outgoing lessee the amount received by him from the incoming lessee as aforesaid.

    (8) If any of the said improvements have been destroyed or appreciably damaged as aforesaid, then the value of the improvements so destroyed, or the cost of repairing such damage, shall be decided by the Public Trustee or some person appointed by him, and the amount so fixed, with the costs attending such decision, shall be deducted from the amount payable as aforesaid to the outgoing lessee, and, save the amount deducted for costs, shall be returned to the incoming lessee.

    (9) Should no purchaser be found at such auction, then the Public Trustee may, at any time within twelve months thereafter, sell the new lease by private treaty; and if he fails to sell the same by public auction or private treaty for the space of one year, he may let the land for such term, at such rent, and upon such conditions as to him may seem reasonable.

    Section 7 was amended, as from 31 August 1907, by section 10 Auckland Hospital Amendment Act 1907 (1907 No 1(L)) by inserting the words or this Act.

    Subsection (1) was amended, as from 31 August 1907, by section 10 Auckland Hospital Amendment Act 1907 (1907 No 1(L)) by inserting the words then or any proceeding.

    Subsection (3) was amended, as from 31 August 1907, by section 10 Auckland Hospital Amendment Act 1907 (1907 No 1(L)) by inserting the words together with the right of further renewal and all other rights thereby conferred, and so from time to time at the expiration of each further or renewed term on the same terms and conditions on which the original lease may have been granted hereunder or thereunder, but subject nevertheless to the fixing as herein provided at the end of each term of the rent payable during such further or renewed term.

    The expression five dollars per centum in subsection (3) was substituted, as from 10 July 1967, for the expression five pounds per centum pursuant to section 7(2) Decimal Currency Act 1964 (1964 No 27).

8 Lot 89, Suburbs of Auckland, declared a public domain
  • (1) Whereas subdivision lot numbered 89 of section numbered 1 of the Suburbs of Auckland, containing five acres three roods twenty-four perches, forms part of land reserved as an endowment for a Maori hostelry, and such land is not now required therefor, other land contained in the endowment being sufficient for the purpose intended: Be it therefore enacted that the said subdivision is hereby declared to be a public domain subject to the provisions of The Public Domains Act 1881, and freed from any such reservation as aforesaid.

    (2) The foregoing provisions of this section are in substitution of those contained in section twenty-seven of The Reserves Disposal and Exchange Act 1895, and section two of The Reserves and Crown Lands Disposal and Enabling Act 1896, and those sections are hereby accordingly repealed.

    The word Maori was substituted, as from 27 November 1947, for the word Native pursuant to section 2(2) Maori Purposes Act 1947 (1947 No 59).

9 Lot 4 Parish of Opaheke, Auckland, granted to trustees Wesleyan Methodist Church, Papakura
  • [Repealed]

    Section 9 was repealed, as from 19 November 1907, by section 2 Statutes Repeal Act 1907 (1907 No 40).

10 Power to exchange education and cemetery sections, Te Arai
  • Whereas the parcel of land being section numbered 89, Parish of Arai, Land District of Auckland, containing five acres, more or less, was reserved for cemetery purposes in the year one thousand eight hundred and seventy-nine, but through a mistake burials have taken place on certain adjoining land, being a portion of section numbered 28, reserved for primary education, and it is desirable that the land so used should be exchanged for the cemetery reserve: Be it therefore enacted as follows:—

    (1) The reservation of the aforesaid section numbered 89 for cemetery purposes is hereby cancelled, and that section is hereby declared to be a reserve for primary education.

    (2) The reservation of that portion of section numbered 28 described in Schedule 3 hereto for primary education is hereby cancelled, and such portion is hereby declared to be a reserve for a cemetery.

    (3) The trustees already appointed under The Cemeteries Act 1882, for the Te Arai Cemetery shall, subject to the provisions of that Act, be deemed to have been legally appointed to administer the cemetery reserve hereby created.

11 Providing for disposal of proceeds of endowments of Auckland Girls' High School until separate high school established
  • Whereas by The Auckland Girls High School Act 1878, the Auckland Girls' High School and its endowments were placed under the control and management of the Education Board of the Education District of Auckland (hereinafter called the Education Board): And whereas in the year one thousand eight hundred and eighty-eight, by reason of want of funds, it became impossible for the Education Board to continue such school, and the work thereof was consequently undertaken, and has since been maintained, by the Board of Governors of the Auckland College and Grammar School (hereinafter called the Board of Governors): And whereas the endowments of the Girls' High School, which have at all times remained under the control of the Education Board, have become productive, and it is equitable, and the Education Board agrees, that out of the produce of such endowments assistance to the extent and subject to the conditions hereinafter set forth should be given in aid of the work of the Girls' High School now being maintained as aforesaid by the Board of Governors: Be it therefore enacted as follows:—

    (1) Out of the proceeds of the sale of timber on the land forming the said endowment the sum of twenty thousand dollars shall be invested by the Education Board, and the interest arising from such investment shall by that Board be paid over to the Board of Governors.

    (2) Of the moneys received as aforesaid each year by the Board of Governors, one-half shall be expended by that Board in scholarships for girls attending public schools under The Education Act 1877, within the Auckland Education District, subject to such conditions for the winners attending the Auckland Girls' High School and otherwise as the Education Board prescribes and the Minister of Education approves.

    (3) The other half of the said moneys shall be applied by the Board of Governors first in or towards keeping down interest on mortgages in respect of buildings, and the residue in or towards defraying the cost of the work of the Girls' High School whilst maintained by that Board.

    (4) The aforesaid payments by the Education Board shall continue to be made until a separate high school for girls is established by that Board under the provisions of The Auckland Girls High School Act 1878, and shall thereafter be applied in manner prescribed by that Act.

    The expression twenty thousand dollars in subsection (1) was substituted, as from 10 July 1967, for the expression ten thousand pounds pursuant to section 7(1) Decimal Currency Act 1964 (1964 No 27).

12 Endowment for Waikato Hospital and Charitable Aid Board
  • [Repealed]

    Section 12 was repealed, as from 19 November 1907, by section 2 Statutes Repeal Act 1907 (1907 No 40).

13 Endowment to Borough of Thames
  • The Governor may grant to the Corporation of the Borough of Thames, for an estate in fee-simple, as an endowment, but without power of sale, the land described in Schedule 4 hereto, to be held on the same trusts (except as to power of sale) as the land reserved as an endowment for the said Corporation by Order in Council dated the twelfth day of August, one thousand eight hundred and seventy-nine, and granted to the said Corporation in pursuance of The Municipal Corporations Act 1876.

14 Claims of Mrs Douglas to Okauia and Waiharakeke Blocks to be investigated
  • [Repealed]

    Section 14 was repealed, as from 31 March 1910, by section 431 Native Land Act 1909 (1909 No 15).

15 Validation of decree concerning Whangara C Block
  • [Repealed]

    Section 15 was repealed, as from 19 November 1907, by section 2 Statutes Repeal Act 1907 (1907 No 40).

16 Borough of Hastings empowered to acquire certain part of Tomoana Estate
  • [Repealed]

    Section 16 was repealed, as from 19 November 1907, by section 2 Statutes Repeal Act 1907 (1907 No 40).

17 Reserve for harbour purposes, New Plymouth
  • [Repealed]

    Section 17 was repealed, as from 19 November 1907, by section 2 Statutes Repeal Act 1907 (1907 No 40).

18 Reserve for stock and agricultural purposes, Hawera
  • [Repealed]

    Section 18 was repealed, as from 19 November 1907, by section 2 Statutes Repeal Act 1907 (1907 No 40).

19 Change of reserve at Hawera
  • [Repealed]

    Section 19 was repealed, as from 19 November 1907, by section 2 Statutes Repeal Act 1907 (1907 No 40).

20 Amendment as to lessees under section 7, The West Coast Settlement Reserves Act 1892
  • [Repealed]

    Section 20 was repealed, as from 1 January 1956, by section 93(1) Maori Reserved Land Act 1955 (1955 No 38).

21 Grant to Native claimants of reserves at Rerewakaitu and Waipuna
  • [Repealed]

    Section 21 was repealed, as from 31 March 1910, by section 431 Native Land Act 1909 (1909 No 15).

22 Setting apart certain lands for purchase by Native owners out of proceeds of sale of Oruatamore Block
  • [Repealed]

    Section 22 was repealed, as from 31 March 1910, by section 431 Native Land Act 1909 (1909 No 15).

23 Chief Judge to settle in whose name titles to issue
  • [Repealed]

    Section 23 was repealed, as from 31 March 1910, by section 431 Native Land Act 1909) (1909 No 15.

24 Public-school site at Turakina may be sold
  • Whereas the land described in Schedule 8 hereto was conveyed by the Superintendent of the Province of Wellington to the Education Board of the Province of Wellington in trust as a site for a public school at Turakina, and it is not required for such purpose: Be it therefore enacted as follows:—

    (1) The Education Board of the District of Wanganui may, by public auction, sell or cause to be sold the said land, and may convey it to the purchaser for an estate in fee-simple, discharged from any trust or reservation.

    (2) The money received from such sale shall be invested in accordance with section eighteen of The Education Reserves Act 1877.

25 Reservation of school-site, Kaitawa, cancelled
  • [Repealed]

    Section 25 was repealed, as from 19 November 1907, by section 2 Statutes Repeal Act 1907 (1907 No 40).

26 Reserve for acclimatisation purposes, Akatarawa Survey District
  • [Repealed]

    Section 26 was repealed, as from 19 November 1907, by section 2 Statutes Repeal Act 1907 (1907 No 40).

27 Grant of certain lands to Nelson Institute
  • [Repealed]

    Section 27 was repealed, as from 19 November 1907, by section 2 Statutes Repeal Act 1907 (1907 No 40).

28 Reserve vested in Havelock Town Board
  • [Repealed]

    Section 28 was repealed, as from 19 November 1907, by section 2 Statutes Repeal Act 1907 (1907 No 40).

29 Power to exchange bridge reserve for other land, Picton Suburban
  • [Repealed]

    Section 29 was repealed, as from 19 November 1907, by section 2 Statutes Repeal Act 1907 (1907 No 40).

30 Lease of lands under The Omaka Recreation Reserve Sale Act 1890
  • Whereas by The Omaka Recreation Reserve Sale Act 1890 (hereinafter in this section referred to as the said Act), it is provided that the land mentioned in the Schedule thereto may be sold: And whereas it may be desirable to lease the land instead of selling it: Be it therefore enacted as follows:—

    (1) The Governor may lease the land described in the Schedule of the said Act upon such terms and conditions as he thinks fit, and any moneys that have been received or may hereafter be received from the leasing of such land may be applied in all respects as if they were moneys received from the sale of the land under the said Act; but nothing herein shall affect the power of the Governor to sell the land as provided in the said Act if at any time he deems it desirable so to do.

    (2) The management of all land purchased under the said Act shall be delegated to the Omaka Domain Board under The Public Domains Act 1881, and, in addition to the powers given by that Act, the said Board shall, in respect of such land, have all the powers given to trustees of recreation-grounds by sections four, five, and six of The Public Reserves Act 1881 Amendment Act 1885, save and except the power to lease contained in subsection one of said section four.

31 Reserve for road and harbour purposes vested in Kaikoura Country
  • [Repealed]

    Section 31 was repealed, as from 19 November 1907, by section 2 Statutes Repeal Act 1907 (1907 No 40).

32 Exchange of Native reserve in Town of Kaikoura
  • [Repealed]

    Section 32 was repealed, as from 19 November 1907, by section 2 Statutes Repeal Act 1907 (1907 No 40).

33 Exchange of land for widening street, Kaiapoi, authorised
  • [Repealed]

    Section 33 was repealed, as from 19 November 1907, by section 2 Statutes Repeal Act 1907 (1907 No 40).

34 Governor may declare Kaiapoi Pa a reserve for benefit of Native
  • [Repealed]

    Section 34 was repealed, as from 3 December 1910, by section 29(1) Native Land Claims Adjustment Act 1910 (1910 No 82).

35 Certain land, Christchurch, may be part sold, and part reserved for gravel-pit
  • Whereas by the Canterbury Provincial Ordinance No II, 1872, known as The Reserve No 330 Ordinance, the land described therein was authorised to be sold, but it was not all disposed of: And whereas the said ordinance was repealed by The Provincial Ordinances Act 1892, and it is now desirable to dispose of the remaining portion of the land as hereinafter provided: Be it therefore enacted as follows:—

    (1) The land described in Part 1 of Schedule 13 hereto is hereby declared to be Crown land available for sale or selection under The Land Act 1892.

    (2) The land described in Part 2 of the said Schedule is hereby declared to be reserved for a gravel-pit.

36 Additional land for Rawhiti Domain
  • Whereas the land described in Schedule 14 hereto forms part of an area of eight hundred and seven acres comprised in reserve numbered 1579, in the Land District of Canterbury, which is vested in the Corporation of the Selwyn County for planting purposes, and it is desirable that it should be added to reserve numbered 1616 adjoining, and known as the Rawhiti Domain, to which proposal the Selwyn County Council has agreed: Be it therefore enacted as follows:—

    The Governor may, by Order in Council, declare that the said land shall form part of the Rawhiti Domain, and it shall thereupon be deemed to be added to such domain, and shall be subject to the provisions of The Public Domains Act 1881.

37 Sale of Reserve 297, Canterbury
  • Whereas the land, a portion of reserve numbered 297, described in Schedule 15 hereto, was originally set apart for a tramway by notification in the Canterbury Provincial Gazette of the tenth day of May, one thousand eight hundred and sixty-four, and is no longer required for such purpose:

    Be it therefore enacted that the said land is hereby declared to be Crown land available for sale or selection under The Land Act 1892.

38 Sale of further part of Reserve 297, Canterbury
  • Whereas the land described in Schedule 16 hereto was reserved and set apart for the purposes of a tramway, and is not now required for the same, and it is desirable that it should be sold:

    Be it therefore enacted that the said land is hereby declared to be Crown land available for sale or disposal under The Land Act 1892, and it may be disposed of to the adjoining owner in terms of section one hundred and seventeen of the said Act.

39 Transfer of reserve from Ashburton County to Ashburton Agricultural and Pastoral Association
  • [Repealed]

    Section 39 was repealed, as from 19 November 1907, by section 2 Statutes Repeal Act 1907 (1907 No 40).

40 Exchange of reserves, Geraldine
  • [Repealed]

    Section 40 was repealed, as from 19 November 1907, by section 2 Statutes Repeal Act 1907 (1907 No 40).

41 Otago Dock Trust declared a leasing authority
  • [Repealed]

    Section 41 was repealed, as from 19 November 1907, by section 2 Statutes Repeal Act 1907 (1907 No 40).

42 Validating title of Otago Education Board to certain section, Green Island Bush District
  • [Repealed]

    Section 42 was repealed, as from 19 November 1907, by section 2 Statutes Repeal Act 1907 (1907 No 40).

43 Crown grant to issue to John Falconer for section, Waikari Survey District
  • [Repealed]

    Section 43 was repealed, as from 19 November 1907, by section 2 Statutes Repeal Act 1907 (1907 No 40).

44 Reserve for public library, Kyeburn
  • The Governor may by notice in the Gazette reserve the land described in Schedule 18 hereto as an endowment for a public library for the Township of Kyeburn, and may by notice in the Gazette grant the same to any corporate body for an estate in fee-simple, without power of sale, upon trust for that purpose, upon such conditions as to resumption by the Crown or otherwise, in the event of the library ceasing to be satisfactorily conducted, as the Governor thinks fit; the Governor to be sole judge as to whether or not the library is satisfactorily conducted.

45 Reserve for acclimatisation purposes, Borough of Queenstown
  • [Repealed]

    Section 45 was repealed, as from 31 October 1905, by section 4 Queenstown Reserves Act 1905 (1905 No 48).

46 Grant of reserve to Town of Gore
  • [Repealed]

    Section 46 was repealed, as from 19 November 1907, by section 2 Statutes Repeal Act 1907 (1907 No 40).

47 Reserve in Winton Hundred cancelled
  • [Repealed]

    Section 47 was repealed, as from 19 November 1907, by section 2 Statutes Repeal Act 1907 (1907 No 40).

48 Section vested in Borough of Invercargill
  • [Repealed]

    Section 48 was repealed, as from 19 November 1907, by section 2 Statutes Repeal Act 1907 (1907 No 40).

49 Certain agricultural lessees, Otago, to be entitled to Crown grants
  • [Repealed]

    Section 49 was repealed, as from 19 November 1907, by section 2 Statutes Repeal Act 1907 (1907 No 40).

50 Exchange of land in Caroline State Forest
  • Whereas the land described in Part 1 of Schedule 20 hereto forms a portion of land in the Land District of Southland held as an estate in fee-simple by Messrs John and Duncan McLean, and it is surrounded by a valuable forest reserve known as the Caroline Bush, the property of Her Majesty, and it is feared that the clearing of such land may cause serious damage to such forest, and it is proposed that such land should be exchanged for Crown land of equal value described in Part 2 of the said Schedule hereto, and such exchange has been recommended by the Southland Land Board: Be it therefore enacted as follows:—

    The Governor may grant to Messrs John and Duncan McLean, for an estate in fee-simple, the land described in Part 2 of Schedule 20 hereto, on receiving from them a conveyance in fee-simple to Her Majesty of the land described in Part 1 of the said Schedule free from encumbrances: Provided, however, that Messrs John and Duncan McLean shall bear the entire cost of such conveyance and of any survey necessary to enable the exchange hereby sanctioned to be carried out.

51 Public reserve to be available for Invercargill Exhibition
  • Whereas it is proposed to hold an exhibition of manufactures and industrial products of New Zealand at Invercargill, under the control or direction of the Southland Industrial Association; and for the purposes of providing sufficient space for such exhibition it is desirable that the public reserve mentioned in Schedule 21 hereto should be closed to the public during the continuance of such exhibition, and that the said reserve shall be available for such exhibition:

    (1) The directors of the aforesaid association, or persons having control or management of the buildings to be used for an exhibition as aforesaid, may enter into occupation of such reserve and enclose the same with a fence, or construct any building thereon, or cover the same over, and dig up, or remove, or alter in any way, the soil thereof, and otherwise make use of such reserve for the purpose of such exhibition as if the same were private land granted for the purpose, with power to them to make such charges for admission, use of space, and otherwise as they think fit.

    (2) The directors of the aforesaid association or persons aforesaid who under the authority aforesaid make use of such reserve are hereby required and shall be compelled at their own proper costs and charges at the closing of the exhibition to remove all fences, buildings, and other obstructions on such reserve and hand over such reserve in the same condition as when they entered into occupation thereof, unless the Borough Council of Invercargill otherwise agree with such association, directors, or persons.

52 Power to issue scrip in lieu of lost land-order of William Abbey
  • [Repealed]

    Section 52 was repealed, as from 19 November 1907, by section 2 Statutes Repeal Act 1907 (1907 No 40).

53 Execution of deeds to give effect to Act
  • [Repealed]

    Section 53 was repealed, as from 19 November 1907, by section 2 Statutes Repeal Act 1907 (1907 No 40).


Schedule 1
Reservation for water-supply, Whangarei

ALL that area in the Auckland Land District, containing by admeasurement 1,636 acres, more or less, situated in Blocks XI and XII, Purua Survey District. Bounded towards the north-east generally by the north-eastern boundaries of the Parishes of Kaitara and Pukenui, from the eastern boundary of Block XI aforesaid to the road forming the western boundary of Section No 76, Parish of Whangarei, thence by that road and Section No 75; towards the east by the road forming the eastern boundary of said Section No 76 and the Horahora No 2 Block; towards the south generally by Sections Nos 1, 2, and 3, Pukenui Parish, Taikawiwi Block, Sections Nos 4, 5, 6, 7, and 8, Pukenui Parish, and by Waihoanga and Te Hape Blocks; towards the west by Section No 28, Kaitara Parish; towards the north by a right line running due east from the north-eastern corner of the last-mentioned section to the eastern boundary of Block XI, Purua Survey District aforesaid; and thence again towards the west by the eastern boundary of that block to the place of commencement.

Schedule 2
Road at Kohukohu

ALL that parcel of land in the Auckland Land District, containing by admeasurement 3 perches, more or less, being Lot C, Township of Kohukohu, situated in Block X, Mangamuka Survey District. Bounded towards the south-west by a right line, 140 links; towards the west by a right line, 30 links, to a point where the western boundary of the main road intersects Mr Lester's dwelling; thence towards the north-east by a right line to and passing the north-east corner of Mr Lester's store, about 157 links; and towards the east by a right line running due south, about 15 links: as the same is delineated on the plan marked SG 28830A, deposited in the Head Office, Department of Lands and Survey, at Wellington, and thereon coloured red.

Also all that parcel of land in the Auckland Land District, containing by admeasurement 6 perches, more or less, being Lot B, Township of Kohukohu, situated in Block X, Mangamuka Survey District. Bounded towards the north-east and east generally by original high-water mark of the Hokianga River; towards the south, west, and north by public roads, 36.4 links, 121.5 links, and 4 links respectively: as the same is more particularly delineated on plan marked SG 28830B, deposited in the Head Office, Department of Lands and Survey, at Wellington, and thereon coloured red.

Schedule 3
Te arai Cemetery

ALL that parcel of land in the Auckland Land District, containing by admeasurement 5 acres, more or less, being the north-western portion of Section No 28, Parish of Arai. Bounded towards the north-west by Section No 26, 852 links; towards the north-east by the south-east portion of Section No 28, 771 links; towards the south-east by Section No 89, 446 links; and towards the south-west by a public road, 871 links: be all the aforesaid linkages a little more or less.

Schedule 4
Further endowment for Borough of Thames

  • (1) ALL that parcel of land in the Auckland Land District, containing by admeasurement 639 acres 2 roods 33 perches, more or less, situated in Blocks VII and VIII, Waitoa Survey District. Bounded towards the north-west generally by Koromatua No 1, Te Tautiti No 2A, and Awaiti No 5 Blocks; towards the east by the Thames Borough Endowment; and towards the south-west by the Koromatua No 1 Block aforesaid and a public road.

  • (2) Also all that parcel of land in the Auckland Land District, containing by admeasurement 100 acres, more or less, being Ruahine No 2 Block, situated in Block VIII, Waitoa Survey District. Bounded towards the north-east by the Waihou River, and towards the south-east, south-west, and north-west by the Thames Borough Endowment.

Schedule 5
Hastings drain

ALL that parcel of land in the Hawke's Bay Land District, containing by admeasurement 2 roods 10 perches, more or less, being a strip of land 25 links in width intersecting Sections Nos 1 and 2, Block XVI, Heretaunga Survey District, the eastern side of which commences at a point on the north-western boundary-line of said Section No 1, 1312.9 links from its northernmost corner, and proceeds in a southerly direction to the south-eastern boundary-line of the said Section No 2, at a point 1128.2 links from its southern corner; as the same is delineated on plan marked SG 19178A, deposited at the Head Office, Department of Lands and Survey, at Wellington, and thereon coloured red.

Schedule 6
Reserve for harbour purposes, New Plymouth

ALL that parcel of land in the Taranaki Land District, containing by admeasurement 2 roods 22 perches, more or less, situated in Block IV, Paritutu Survey District. Bounded towards the north-east by the New Plymouth Harbour Reserve; towards the south-east generally by part of Section No 812 (Prison Reserve), a cemetery reserve, and a right-of-way; towards the south-west by a public road; and towards the west by Barrett Road: as the same is more particularly delineated on the plan marked SG 37252, deposited in the Head Office, Department of Lands and Survey, at Wellington, and thereon coloured green.

Schedule 7

ALL that area in the Taranaki Land District, containing by admeasurement 20 poles, more or less, being part of Section No 15 of Block XIX, Town of Hawera, and bounded as follows: Towards the south-east by Albion Street, 111 links; towards the south-west by High Street, 113 links; and towards the north-west and north-east by other parts of Section No 15 aforesaid, 111 and 113 links respectively.

Schedule 8
School-site, Turakina

ALL that parcel of land in the Wellington Land District, containing by admeasurement 3 roods 11 perches, more or less, being part of Section No 32, situated at Turakina, in the Ikitara Survey District. Bounded towards the north-east by the Great North-west Road, 122 links; towards the south-east by land sold by Mr Wilson to Messrs Franklin and Hurst, 173 links, and by the Kahuraponga Stream, 108 links; towards the south by the northern boundary of Section No 31, 300 links; towards the west by the Kahuraponga Stream, 365 links; and towards the north by land given by Mr Wilson as a site for a Presbyterian church and manse, 170 links and 173 links, and by the Kahuraponga Stream, 40 links.

Schedule 9
Nelson institute endowment

ALL that area in the Nelson Land District, containing by admeasurement 690 acres, more or less, being Reserve B, situated in Block X, Gordon Survey District, which is more particularly delineated on plan marked SG 20935, deposited in the Head Office, Department of Lands and Survey, at Wellington, and thereon coloured red.

Schedule 10
Exchange of bridge reserve, Marlborough

1

ALL that parcel of land in the Marlborough Land District, containing by admeasurement 5 acres 3 roods, more or less, being Section No 61, Picton Suburban (Block III, Cloudy Bay Survey District). Bounded towards the north-east and east by a public road, 1119 links, 350.6 links, and 583.9 links respectively; and towards the west by the Tuamarina River: be all the aforesaid linkages more or less.

2

All that parcel of land in the Marlborough Land District, containing by admeasurement 2 acres 2 roods 30 perches, more or less, being parts of Sections Nos 57 and 103, Picton Suburban District, now known as Section No 14, Block III, Cloudy Bay Survey District. Bounded towards the north-west by other parts of Sections Nos 57 and 103, 2724.6 links; towards the east by Section No 150, 106 links; towards the south-east by part of Section 57 aforesaid, 2661.6 links; and towards the south-west by a public road, 103.5 links: be all the aforesaid linkages more or less.

Schedule 11
Recreation-ground, Kaikoura

1

  • The word Maori was substituted, as from 27 November 1947, for the word Native pursuant to section 2(2) Maori Purposes Act 1947 (1947 No 59).

ALL that parcel of land in the Marlborough Land District, containing by admeasurement 22 acres, more or less, known as Maori Reserve E, situated in the Town of Kaikoura. Bounded towards the north-east by a road along the sea-shore; towards the south-east by Killarney Street; towards the south-west by a public road; and towards the north-west by Sections Nos 319, 318, Crown land, and Sections Nos 299 and 300: excepting from the above-described area 2 roods near the middle of the block containing Maori graves, and 2 roods at the northernmost corner: as the same is delineated on the plan marked SG 16625, deposited at the Head Office, Department of Lands and Survey, at Wellington, and thereon coloured yellow.

2

  • The word Maori was substituted, as from 27 November 1947, for the word Native pursuant to section 2(2) Maori Purposes Act 1947 (1947 No 59).

All that parcel of land in the Marlborough Land District, containing by admeasurement 570 acres, more or less, situated in Mount Fyffe Survey District. Bounded towards the east by Maori Reserve A; towards the south generally by Sections Nos 58, 57, and 59; towards the west generally by a road along the left bank of the Puhipuhi River; and towards the north-east by Crown land: as the same is delineated on the plan marked SG 16625, deposited at the Head Office, Department of Lands and Survey, at Wellington, and thereon coloured red.

Schedule 12
Exchange of land for widening road at Kaiapoi

1

ALL that parcel of land in the Canterbury Land District, containing by admeasurement 24 perches, more or less, situated in the Borough of Kaiapoi. Bounded towards the north by a line parallel to the northern side of Walker Street and 15.15 links (10 ft) distant therefrom; towards the east by a public road; towards the south by Walker Street; and towards the north-west by a public road: as the same is more particularly delineated on the plan marked SG 29802, deposited in the Head Office, Department of Lands and Survey, at Wellington, and thereon coloured red.

2

All that parcel of land in the Canterbury Land District, containing by admeasurement 1 rood 15 perches, more or less, situated in the Borough of Kaiapoi. Bounded towards the north by Rural Section No 319; towards the east by Rural Section No 319A; towards the south by Walker Street; and towards the west by the River Cam: as the same is more particularly delineated on the plan marked SG 29802, deposited in the Head Office, Department of Lands and Survey, at Wellington, and thereon coloured green.

Schedule 13

1

ALL that area in the Canterbury Land District, containing by admeasurement 16 acres 3 roods 10 perches, more or less, being Reserve No 330, situated in Blocks IX and XIII, Christchurch Survey District. Bounded towards the north-west by Rural Sections Nos 13501 and 9199; towards the north-east by land occupied by the Islington Freezing-works; towards the south-east by a public road; and towards the south-west by Reserve No 3212.

2

All that parcel of land in the Canterbury Land District, containing by admeasurement 3 acres 1 rood 23 perches, more or less, being Reserve No 3212, situated in Block XIII, Christchurch Survey District. Bounded towards the north-west by Rural Section No 13501; towards the north-east by Reserve No 330; towards the south-east by a public road; and towards the south-west by Rural Section No 1983.

Schedule 14
Additional land for Rawhiti Domain

ALL that area in the Canterbury Land District, containing by admeasurement 88 acres 2 roods 38 perches, more or less, being part of Reserve No 1579, situated in Block XII, Christchurch Survey District. Bounded towards the north-west by Rural Section No 16013; towards the east by Reserve No 1616; towards the south-east by Rural Section 16238; towards the south-west by a public road; and towards the west by Rural Section No 34174 and a public road.

Schedule 15
Sale of part of reserve 297, Canterbury

ALL that parcel of land in the Canterbury Land District, containing by admeasurement 4 acres 2 roods 34 perches, more or less, being part of Reserve No 297, situated in the Selwyn and Leeston Survey Districts. Bounded towards the north-east by Rural Section No 23292, and Reserve No 315, and a public road, 4863 links; towards the south-east by a right line, being the production in a southerly direction of the south-eastern boundary-line of said Reserve No 315, 107.8 links; towards the south-west by Reserve No 381, a public road, and Rural Section No 35693, 4807.2 links; and towards the west by the road forming the western boundary of Rural Section No 23292, 101.2 links: excepting from the above-described area a public road which intersects the said Reserve No 297.

Schedule 16
Sale of further part of reserve 297, Canterbury

ALL that parcel of land in the Canterbury Land District, containing by admeasurement 2 acres 1 rood 34 perches, more or less, being part of Reserve No 297, situated in Block XIII, Leeston Survey District. Bounded towards the north by Reserve No 315; towards the south-east by a right line being the production in a south-westerly direction of the south-eastern boundary-line of said Reserve No 315; towards the south by Reserve No 381; and towards the south-west by a public road.

Schedule 17
Exchange of pound site, Geraldine

ALL that parcel of land in the Canterbury Land District, containing by admeasurement 2 roods 17 perches, more or less, being part of Section No 1847, Town of Geraldine. Bounded towards the north by Section No 1373; towards the east by the Waihi River; towards the south by the other part of said Section No 1847; and towards the west by Talbot Street.

Schedule 18
Kyeburn public library endowment

ALL that area in the Otago Land District, containing by admeasurement 160 acres, more or less, being Section No 19, Block VIII, Maniototo Survey District. Bounded towards the north-east by the Palmerston-Naseby Road; towards the east by Section No 1, Block VIII; towards the south by Sections Nos 8 and 4, Block XII; and towards the west by a public road.

Schedule 19
Site for municipal buildings, Invercargill

ALL that parcel of land in the Southland Land District, containing by admeasurement 9.7 perches, more or less, being part of Section No 11, Block IX, Town of Invercargill. Bounded towards the north by other part of Section No 11 aforesaid, 100 links; towards the east by Kelvin Street, 60.6 links; towards the south by Section No 12, 100 links: and towards the west by Section No 10, Block IX aforesaid, 60.6 links: be all the aforesaid linkages more or less.

Schedule 20
Exchange of land, Caroline State Forest

1

ALL that parcel of land in the Southland Land District, containing by admeasurement 28 acres, more or less, being part of Section No 13, Hokonui Survey District. Bounded towards the north-east, south-east, and south-west by the State forest known as Caroline Bush, 2573, 1100, and 2573 links respectively; and towards the north-west by a right line parallel to the south-eastern boundary-line of Section No 13 aforesaid, 1100 links: as the same is delineated on the plan marked SG 38544, deposited at the Head Office, Department of Lands and Survey, at Wellington, and thereon coloured blue.

2

All that parcel of land in the Southland Land District, containing by admeasurement 28 acres, more or less, being part of the State forest known as Caroline Bush, situated in Hokonui Survey District. Bounded towards the north-east by Section No 19, 2131 links; towards the south-east by a right line, being the production in a north-easterly direction of the north-western boundary-line of the parcel of land described in the First Part hereof, 1877 links; towards the south-west by Section No 13, 1951 links; and towards the north-west by a right line parallel to the right line hereinbefore described, 1022 links: as the same is delineated on the plan marked SG 38544, deposited at the Head Office, Department of Lands and Survey, at Wellington, and thereon coloured red.

Schedule 21

ALL that parcel of land in the Southland Land District, containing 5 acres 3 roods 21 perches, more or less, being the Public Gardens Reserve, in the Town of Invercargill, granted to the Superintendent of Southland by Crown grant dated the 28th October, 1864, with the exception of that portion vested in the Invercargill Drill-shed Commissioners as a site for a drill-shed, and described in the Schedule of The Invercargill Drill-shed Site Act 1880 (Repealed), as follows:—

All that parcel of land in the Town of Invercargill, in the Southland Division of the Provincial District of Otago, containing by admeasurement 1 acre 1 rood 5 perches, more or less. Bounded towards the north by the reserve for public gardens granted to the Superintendent of Southland, 442 links; towards the east by Leven Street, 300 links; towards the south by Spey Street, 413 links; and towards the west by the Oreti Railway Reserve, 301 links.